CALIFORNIA CRIMINAL LAWYERS

Los Angeles Chop Shop (Operating or Owning)

Defending Against Charges of Owning or Operating a Chop Shop in California

In the state of California, operating or owning a chop shop is considered a serious criminal offense. The term “chop shop” refers to any location where stolen vehicles or vehicle parts are knowingly stored or altered to conceal their theft or facilitate their reselling. Depending on a variety of factors, defendants may be charged either with a misdemeanor or a felony. The size of the chop shop, the revenue generated, and the history of the defendant may all contribute to the severity of the charges.

The Penalties for Owning or Operating a Chop Shop

A misdemeanor charge can lead to imprisonment for up to one year in a county jail, as well as a fine of up to $1,000. On the other hand, defendants convicted of a felony may face up to four years of imprisonment in a county jail and a fine of as much as $50,000. In either case, the court may assign probation to the defendant, which could mean reduced prison time or other consequences, such as mandatory therapy, community service, or restitution payments to victims.

Developing a Defense Strategy Against Charges of Owning or Operating a Chop Shop

If you have been charged with owning or operating a chop shop in California, there are a number of potential defenses available to you. The prosecution must be able to prove that the business was operating as a chop shop, and that you were knowingly involved in the illegal activity of dealing with stolen parts or vehicles.

One possible approach is to argue that while the parts or vehicles were in fact stolen, you were not aware of any wrongdoing. This defense strategy hinges on your assertion that you were simply unaware of any illegal activity. You may argue that other employees were actively engaging in such acts without your knowledge or involvement. For example, while such employees removed or replaced parts from vehicles for resale, you may have been totally unaware of their actions.

Another strategy is to shift the blame to clients or other third parties. In this case, you would argue that only the people who brought in stolen parts or vehicles to your shop are criminally culpable for the illegal activity. The prosecution must then provide sufficient evidence to demonstrate your complicity in the crime.

Defense Against Warrantless Inspections

Under California law, police officers are allowed to conduct inspections of chop shops and vehicles without a warrant, as long as the inspection is limited in scope and aimed at locating lost vehicles. If a police officer conducted a warrantless inspection during your arrest, you might be able to use this circumstance as a basis for a defense. You may argue that the inspection was illegal and that any evidence gathered during the inspection should be inadmissible.

Conclusion

Charges of owning or operating a chop shop in California are serious and may lead to significant fines or imprisonment. However, the burden of proof rests squarely on the prosecution to demonstrate that you were knowingly involved in illegal activity. At our firm, we have experience evaluating such cases and determining the possible defense strategy for our clients.