Can You Be Charged With Stealing a Car You Retrieve From an Impound Yard?

When a vehicle is taken by a repo man, it no longer belongs to you. Taking a car that does not belong to you is grand theft auto, not the game; it is an arrestable offense. This article will delve into the factors that determine whether a person can be charged with stealing a car they retrieve from an impound yard, including ownership, authorization, circumstances of impoundment, and legal implications.

Ownership and Authorization

The first factor to consider is ownership. If the person is the legal owner of the vehicle or has the right to retrieve it (for example, if they were the registered owner prior to impoundment), they generally cannot be charged with theft. Additionally, if the person has authorization to retrieve the vehicle from the impound yard through a rental agreement, permission from the owner, or another legitimate agreement, they are not committing theft. However, if the vehicle was impounded due to being reported stolen, and the person retrieving it is not the owner or does not have permission from the owner, they may face legal issues, including potential theft charges.

Circumstances of Impoundment

The reason for impoundment is also crucial. If the vehicle was impounded due to the owner's inability to make payments, the person retrieving it must have proof of ownership or permission from the lien holder. Proper documentation is typically required to avoid misunderstandings and legal disputes.

Legal Implications and Charges

Disregarding these factors can lead to serious legal consequences. When a person takes a car from an impound yard without proper authorization, they could face potential charges such as misappropriation, repossession, and theft. Here are three scenarios that can lead to further charges:

Breaking and Entering

If a person attempts to retrieve a car from an impound yard without proper authorization, they may also be charged with breaking and entering. Impound yards are generally secured private properties. In most cases, the recovery company or its employees need to handle the vehicle, and allowing unauthorized individuals to enter these facilities without permission is considered trespassing.

Assault and Battery

In some cases, a person may physically confront impound yard employees or the repo man to retrieve the car. This action can lead to charges of assault and battery. Battery is defined as intentionally causing harmful or offensive contact with another person without their consent.

Liability for Police Attention

Even if a person retrieves the stolen car, they should know that driving a stolen car will attract police attention. Law enforcement is unlikely to intervene when the car is recovered due to late payments, but if the car is stolen, the consequences could be severe. Cops would be more likely to run your information and pull you over, increasing the risk of being caught.

Conclusion

Retrieving a car from an impound yard without proper authorization can lead to significant legal troubles, including theft charges, breaking and entering, and assault. It is important to understand the legal implications and document proof of ownership or permission before attempting to reclaim a vehicle. Trust me, I have been in prison for it; taking a car back from a repo man can quickly escalate into first-degree theft and even robbery if you get physical. Be careful or be adept at avoiding the law. Just don’t get caught, and if you're sure you’re in the right, just do it.