New York Penal Law § 165.10 – Auto Stripping in the Second Degree

Auto Stripping in the Second Degree is a crime that provides enhanced penalties for those who are convicted of destroying, defacing, disguising or altering any part of a vehicle and who have a prior conviction for the same. Prosecutors will also bring these charges in situations where someone defaces two or more vehicles and the aggregate value of the damage caused is more than $1,000. Auto Stripping in the 2nd Degree is a Class E felony.

Before a judge or jury can convict anyone of a crime—including Auto Stripping in the Second Degree—the government must prove each element of the offense beyond a reasonable doubt.

Here, the elements of Auto Stripping in the Second Degree include the same elements as Auto Stripping in the Third Degree:

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.

However, there is the additional element that the prosecution proves one of the following:

1. The defendant has a prior conviction for Auto Stripping in the Third Degree under NY Penal Law § 169.09 within the past five years; or
2. The defendant defaced, destroyed, altered or removed the parts to two vehicles and the amount of damage exceeded $1,000.

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

• A person is arrested for Auto Stripping in the Third Degree and they have a prior conviction for the same from four years ago;
• A person breaks into two cars and removes the stereo systems from both, each of which is valued at $2,500;

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

• Auto Stripping in the Second Degree – NY Penal Law § 165.09
• Auto Stripping in the First Degree – NY Penal Law § 165.11
• 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
• 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
• Grand Larceny in the Third Degree – NY Penal Law § 155.35

There are several defenses to Auto Stripping in the Second Degree. A successful defense can reduce your sentencing exposure, result in the prosecution withdrawing the case against you, or cause the jury to have doubt about the prosecution’s case. The most common defenses include the following:

1. You had (or thought you had) the owners’ permission to deface, destroy or remove parts from the vehicle;
2. You mistakenly removed parts from the wrong vehicle, mistaking it for one you had a right to dismantle;
3. The damage caused did not exceed $1,000; and
4. Misidentification (i.e., you were not the one who committed the crime).

Auto Stripping in the Second Degree is a Class E felony. In New York, Class E felony convictions carry a maximum sentence of up to four years in jail and a fine of up to $5,000. However, the actual fine could be higher because the court is permitted to issue a fine up to three times the amount you gained by committing the offense.

If you have an upcoming court date for auto stripping charges, your next move should be to reach out to an experienced NY criminal defense attorney so you can start working on a compelling defense. At Tilem & Associates, P.C., we have over 25 years of hands-on experience handling all types of vehicle crimes, including Auto Stripping in the Second Degree. We are immediately available to meet with you to get started working on your defense. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.