New York Penal Law § 165.09 – Auto Stripping in the Third Degree

Auto Stripping in the Third Degree is a crime that prosecutors use to charge people who are alleged to have destroyed or defaced any part of a vehicle—including an abandoned vehicle—without the owner’s consent. Auto Stripping in the 3rd Degree is a Class A misdemeanor.

Before a judge or jury can convict anyone of Auto Stripping in the Third Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Auto Stripping in the Third Degree are:

1. The defendant removed, destroyed or defaced part of a vehicle without the owner’s permission;
2. The defendant’s actions in doing so were intentional.

Notably, subdivision (1) of 165.09 only applies to vehicles that are not abandoned; however, subdivision (2) specifically applies to abandoned vehicles. The severity of the offense is the same, regardless of whether a vehicle is abandoned. The only difference is that subdivision (2) allows for an additional defense if the defendant was legally authorized to destroy or deface the vehicle.

Some of the most common examples of Auto Stripping in the Third Degree include the following:

• A person removes a vehicle’s rims with the intent to sell them;
• A person breaks into a car and removes the media player;
• A person tows an abandoned vehicle to their shop, where they dismantle it to sell the parts.

Often, prosecutors bring Auto Stripping in the Third Degree charges along with one or more of the following:

• Auto Stripping in the Second Degree – NY Penal Law § 165.10
• Auto Stripping in the First Degree – NY Penal Law § 165.11
• Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.05
• Unauthorized Use of a Vehicle in the Second Degree – NY Penal Law § 165.06
• Unauthorized Use of a Vehicle in the First Degree – NY Penal Law § 165.08
• Criminal Possession of Stolen Property in the Fifth Degree – NY Penal Law § 165.40
• Criminal Possession of Stolen Property in the Fourth Degree – NY Penal Law § 165.45
• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Grand Larceny in the Third Degree – NY Penal Law § 155.35

There are several defenses to Auto Stripping in the Third Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• You had the owner’s permission to deface, destroy or remove parts from the vehicle;
• You truly held the belief that you had the owner’s permission to deface their vehicle;
• You were lawfully entitled to destroy, deface, or remove parts from the abandoned vehicle; and
• You removed parts from that specific vehicle on accident, thinking it was a vehicle you had the owner’s permission to deface or destroy.

Auto Stripping in the Third Degree is a Class A misdemeanor. In New York, Class A misdemeanor convictions carry a maximum sentence of up to 364 days in jail and a fine of up to $1,000.

If you were recently arrested and charged with an auto stripping offense, it’s important you understand the various defenses that may apply in your case. At Tilem & Associates, P.C., our criminal defense lawyers have decades of experience defending the rights and freedoms of clients charged with serious misdemeanor and felony crimes, including Auto Stripping in the Third Degree. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.