Property Offenses

Introduction: vehicle offenses as a "national scourge"

The courts have defined vehicle offenses as a "criminal industry" that has become a national scourge, and explicitly ruled that "severity in sentencing is undoubtedly one of the important and principal means that must be employed in order to fight this affliction" (CrimA 738/98). The methods of crime in this field have become more sophisticated over the years, and the courts respond accordingly, with stringent and tangible punishment.

Table of offenses and punishments

• The offense: vehicle theft; maximum punishment: 7 years of imprisonment
• The offense: use of a vehicle without permission and abandonment at the place where it was taken; maximum penalty: 3 years' imprisonment
• The offense: use of a vehicle without permission and abandonment elsewhere; maximum penalty: 5 years' imprisonment
• The offense: theft from a vehicle; maximum penalty: 3 years' imprisonment
• The offense: dismantling a part of a vehicle without permission; maximum penalty: 5 years' imprisonment
• The offense: dismantling a part of a vehicle while knowing it is stolen; maximum penalty: 7 years' imprisonment
• The offense: intentional damage to a vehicle; maximum penalty: 5 years' imprisonment
• The offense: breaking into a vehicle; maximum penalty: 3 years' imprisonment
• The offense: breaking into a vehicle with intent to commit theft or a felony; maximum penalty: 7 years' imprisonment
• The offense: possession of a vehicle break-in tool without a reasonable explanation; maximum penalty: 3 years' imprisonment
• The offense: theft or forgery of vehicle documents; maximum penalty: 5 years' imprisonment
• The offense: forging or obscuring a vehicle's identifying marks; maximum penalty: 7 years' imprisonment
• The offense: knowingly receiving a stolen vehicle or its parts; maximum penalty: 7 years' imprisonment
• The offense: engaging in the sale, purchase, dismantling, or assembly of a stolen vehicle; maximum penalty: 10 years' imprisonment

The critical points

Vehicle theft versus unauthorized use, the essential legal difference is the intention to return it. A person who takes a vehicle and transfers it to another place under circumstances indicating an intention not to return it is deemed a thief in every respect, and the punishment is 7 years of imprisonment. A person who drove the vehicle without permission and returned it to the place from which it was taken faces a lesser punishment.

Breaking into a vehicle, there is a critical distinction: mere breaking in carries a penalty of 3 years, but breaking in with intent to commit theft or a felony raises the penalty to 7 years' imprisonment. The intent at the time of the break-in determines the sentencing framework.

Possession of a break-in tool, as with breaking into a building, here too anyone found in possession of a tool for breaking into a vehicle and without a reasonable explanation is exposed to prosecution even without actually breaking in.

Trading in stolen vehicle parts, this is the most serious offense in this section: anyone who knowingly engages in the sale, purchase, dismantling, or assembly of a stolen vehicle is exposed to up to 10 years' imprisonment. Anyone who knowingly received a stolen part, 7 years' imprisonment.

Why is early representation critical?

The fine distinctions between the different offenses, theft versus unauthorized use, mere breaking in versus breaking in with intent to commit a crime, receiving a stolen part versus commercial dealing in stolen parts, each one of them can change the sentencing framework by many years. The version given during the investigation, the circumstances presented to the prosecution, and the defense strategy at the hearing, are what determine which offense the defendant will ultimately be charged with.

Legal representation in vehicle offenses

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in vehicle offenses of all kinds. Familiarity with the prosecution's classification considerations and with the evidentiary weak points in these cases allows for focused and effective action. Contact us for an initial consultation without obligation before giving a statement.

What are the offenses and what is the difference between them?

The law distinguishes between two separate offenses:

Burglary: unauthorized entry into a building used for residence or worship, whether using violence or not, and whether by breaking a window, opening a door with a key, entering through a chimney, or through any other opening.

Breaking in: unauthorized entry into a building not used for residence or worship, such as a shop, warehouse, or business.

The definitions set out in sections 405-407 of the Penal Law are very broad: even a person who inserts only part of his body into a building is considered to have “entered”; even entry by trickery or in conspiracy with someone inside the building constitutes burglary. A person's home is his fortress, and any intrusion into it without permission is perceived as a serious violation.

What is the offense of robbery?

Section 402 of the Penal Law defines robbery as follows: "A person who steals a thing and, at the time of the act or immediately before or after it, commits or threatens to commit an act of violence against a person or property in order to obtain the thing stolen or to retain it, or in order to prevent resistance to the stealing of the thing or to overcome such resistance."

Unlike theft, which is carried out covertly and without confronting the victim, robbery is characterized by a direct violent confrontation with the owner of the property and taking it by force. This is one of the most serious offenses in the statute book, and the sentencing level for it reflects that.

The sentencing framework, four sections

Classic robbery (Section 402(a)) , committing a violent act or threatening to do so during a theft. Penalty: up to 14 years' imprisonment.