Legal Question in Criminal Law in New Mexico

Can Marco be charged with auto theft?

Someone had just locked up the front door of hisjewelry store when he was confronted by three men wielding knives who threatened to slit his throat unless he reopemed the door to the store. marco started running down the street. the three men with knives chased him. he then noti8ced a car double parked and started he took the car and sped off. he then drove to the parking lot where his car was and left the car he took there and drove his own car home. So if someone was fharged with auto theft, he would most likely be found not guilty based on the defense of: self-defense, defense of property, duress or necessity?


Asked on 2/20/03, 4:34 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can Marco be charged with auto theft?

He is guilty of GTA. It is not a defense that someone stole groceries because his children were hungry. A jury could aquit him on the common law basis of necessity assuming a judge would permit the necessary instruction. Self-defense does not contemplate stealing the property of another to defend oneself or one's property. Duress is inapplicable as no one forced him to steal the car - he chose that although arguably he had other options such as continuing to run away.

Read more
Answered on 2/20/03, 4:44 pm


Related Questions & Answers

More Criminal Law questions and answers in New Mexico