Defenses to a Chop Shop Charge
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Working or buying parts from a legal chop shop is illegal. However, there are defenses to charges related to a chop shop. Read on to learn about some common reasons for charges of operating a legal chop shop. You may be surprised by the results! Here are some examples:
Buying parts from a legal chop shop is illegal.
Whether you buy your parts from a “chop shop” or from a salvage yard is a question of opinion. A chop shop is where passenger motor vehicle parts are disassembled and sold for a profit. It’s illegal to sell stolen vehicle parts without permission and is subject to prosecution under Vehicle Code SS 10801.
In California, there is a huge black market for automobile parts. Often, these parts can be easily interchanged with other cars, making it impossible to trace them back to their owner. It’s illegal to operate a chop shop because many of these activities are federally regulated. Even though California has a law against this, most chop shop crimes fall under federal jurisdiction. While a criminal conviction for a chop shop crime may not result in jail time, it could cost thousands of dollars in fines.
The real chop shops aren’t as glamorous as the movies make them out to be. They’re not huge warehouses where they strip cars and move the parts around quickly. Unless you’re dealing with a reputable chop shop, you can’t be too careful. If you suspect the vehicle you’re buying is stolen, don’t hesitate to call the police. That’s not the only thing you need to watch out for if you’re looking for car parts.
Working in a legal chop shop is illegal.
The definition of a chop shop varies from state to state. It is an illegal operation that resells car parts or alters a car. The parts are sold for parts and not for the car itself. A chop shop is typically a garage. The California Vehicle Code outlines the laws and penalties for operating one. Depending on the state, it can cost up to three years in jail and thousands of dollars in fines.
A chop shop’s work is not always shady. Although they may not steal the cars themselves, they often use stolen vehicles to make their products. These vehicles may have very few identifying numbers and are therefore highly valuable. Other popular vehicles seized by chop shops include motorcycles, boats, ATVs, and construction equipment. A ring leader in a chop shop can be arrested if police spot them.
California’s Vehicle Code 10801 defines “operating a chop shop.” To be charged with operating a chop shop, you must be “actively engaged” in the illegal operation. Prosecutors must present circumstantial evidence to show that you “knew” about the illegal operation. If all the circumstances are present, a jury could find you guilty of operating a chop shop.
Defenses to a legal chop shop charge
Those who own a chop shop may be subject to a variety of charges. In some cases, the cars in question are not stolen; instead, they are legitimately tendered over by the owner, who will return them when the work is completed. This criminal charge carries hefty fines and jail time. However, there are defenses to a legal chop shop charge. These include the following:
The federal government has defined a “chop shop” as a business, structure, or lot where one or more people engaged in concealing, dismantling, and selling stolen cars, parts, and vehicles. As such, it’s illegal to sell car parts or vehicles to others, regardless of whether the parts are genuine or not. The federal government will take every step to prove that a person isn’t carrying out a legitimate business.
Another defense to a chop shop charge is that the accused didn’t know about the illegal activity. The prosecutor must show that a reasonable person would have suspected that the motor vehicle parts in question were stolen to have a valid reason. Additionally, evidence of interstate distribution of stolen car parts is extremely difficult to obtain. The prosecutor will have to prove that the defendant knew or should have known that the parts were stolen or that the shop owner failed to notify the owner of a suspected crime.
