Understanding the Legal Grounds for Motor Vehicle Theft Charges in New York

Under the New York Vehicle and Traffic law, it is motor vehicle theft to take, drive, or otherwise possess someone else’s vehicle without their permission. The following are some examples of New York auto theft charges:

Stealing someone else’s car from a parking lot;
Failing to return a rental car to Hertz, or another rental agency, at the end of a rental agreement;
Being a mechanic or a car repair shop, driving the car that was given to you for repairs for a weekend in Boston without the owner’s permission;
Knowingly driving a stolen car, even if you weren’t the one who stole it.

New York Motor Vehicle Theft can be prosecuted under several criminal laws:

If you’ve been charged with any of these offenses, it’s important to understand the potential consequences and how the criminal justice system works in New York. This guide will break down the different types of motor vehicle theft charges, as well as penalties and possible defenses.

New York Motor Vehicle Theft: Unauthorized Use of a Vehicle

There are three different Unauthorized Use of a Vehicle Charges under New York Law. They range from First Degree (most serious) to Third Degree (least serious). The difference in these charges is explained below.

Unauthorized Use of a Vehicle in the Third Degree

Unauthorized Use of a Vehicle in the Third Degree, New York Penal Law 165.05, can be charged in these three situations:

Taking or driving someone else’s vehicle without the permission of the owner;
Being a car mechanic and given the car for the purposes of repairs, using the car without the owner’s permission in a way that constitutes a gross deviation” from the agreement with the owner;
Failing to return a rental car to the owner constitutes a “gross deviation” from the agreement.

What Is a “Gross Deviation From the Agreement”?

The legal definition of “gross deviation from the agreement” comes from New York Penal Law Section 165.05. The following is an example of gross deviation from the agreement:

Having custody of a vehicle pursuant to a written agreement for a period of 15 days or less and retaining possession of the car for at least 7 days beyond the end of the agreement, and continues possession for more than two days after receiving written notice to return the car.

Can Both the Driver and Passenger Be Charged with Motor Vehicle Theft Under the Unauthorized Use of Vehicle Charges?

Yes, both the driver and the passenger can be charged with New York Unauthorized Use of a Vehicle, so long as it can be established that both knew they were in the car without the owner’s knowledge.

Knowledge can be established by the circumstances of the case – i.e. breaking into a car and rummaging to see if there are any valuables would establish that the actor knew that he was doing so without the permission of the car’s owner.

Knowledge can also be established by the actor’s own statement, for example, getting pulled over and telling the police officers, “This isn’t my car. My friend borrowed it from their friend, who doesn’t know I have it.”

Sentencing and Penalties for Unauthorized Use of a Vehicle in the Third Degree

New York Unauthorized Use of a Vehicle in the Third Degree is a Class “A” Misdemeanor. This charge is punishable by up to one year in prison, by a fine of up to $1,000, or a combination of such fine and imprisonment.

However, as this charge is a Class “A” Misdemeanor, sentences of time served, probation, conditional discharge, or an unconditional discharge are all possible sentences.

You may be required to do some community service as part of your plea to Unauthorized Use of a Vehicle in the Third Degree charges.

Unauthorized Use of a Vehicle in the Second Degree

Unauthorized Use of a Vehicle in the Second Degree under New York Penal Law 165.06 requires the commission of Unauthorized Use of a Vehicle in the Third Degree as well as a prior conviction for either:

Unauthorized Use of a Vehicle in the Second Degree
Unauthorized Use of a Vehicle in the Third Degree

Within the preceding ten years.

Sentencing and Penalties for Unauthorized Use of a Vehicle in the Second Degree

Unauthorized Use of a Vehicle in the Second Degree is a Class “E” Non-violent Felony. As such, this charge is punishable by up to 1 1/3 to 4 years in prison. Determinate sentences of 1 year or less are potential sentences for this New York charge. Additionally, sentences of conditional discharge, unconditional discharge, or probation are also authorized for this New York Motor Vehicle Theft charge.

Unauthorized Use of a Vehicle In the First Degree

The most serious of Unauthorized Use of a Vehicle Charges is Unauthorized Use of a Vehicle in the First Degree. Under New York Penal Law 165.08, New York Motor Vehicle Theft charge has the following elements:

Knowing that s/he does not have the consent of the owner,
He takes, operates, exercises control over, rides in or otherwise uses the vehicle
With the intent to use same in the commission of a Class A, Class B, Class C, or a Class D felony or in the immediate flight therefrom.

Knowledge Presumption

For this particular New York Unauthorized Use of a Vehicle in the First Degree Charge, a person who engages in this conduct is presumed to know that he does not have the consent of the owner. This presumption does not apply to the other New York Unauthorized Use of a Vehicle charges.

Penalties and Sentencing for Unauthorized Use of a Vehicle In the First Degree

Unauthorized Use of a Vehicle in the First Degree is a Class “D” Non-violent Felony. As such, this charge is punishable by up to 2 1/3 to 7 years in prison. However, conditional discharge, probation and a determinate sentence of 1 year jail or less are all possible sentences for this New York Motor Vehicle Theft charge.

New York Motor Vehicle Theft Charges: Larceny and Possession of Stolen Property

Additionally, New York has charges relating to the unlawful taking and possession of someone else’s property. Some of these charges specifically relate to unlawful taking or possession of cars belonging to someone else.

Petit Larceny

Under New York Penal Law Section 155.25, a person is guilty of Petit Larceny when s/he steals property. As the property is generally defined, this charge is applicable to the theft of another’s vehicle.

Sentencing and Penalties for Petit Larceny

Petit Larceny is a Class “A” Misdemeanor. As such, this charge is punishable by up to 1 year in prison. Practically speaking, petit larceny charges usually resolve themselves without any jail time. Other possible sentences are probation, conditional discharge, unconditional discharge, or time served.

Grand Larceny in the Fourth Degree

There is a Grand Larceny in the Fourth Degree charge that applies to the stealing of someone else’s car. Under New York Penal Law 155.30(8), a person is guilty of Fourth Degree Grand Larceny when:

He is she steals the property of another, AND
The property is a motor vehicle; AND
The value of the motor vehicle is over $100.

Penalties and Sentencing for Grand Larceny in the Fourth Degree Charges

This New York Motor Vehicle Theft crime is a Class “E” Non-violent felony. Therefore, this charge is punishable by up to 1 1/3 to 4 years in prison. However, sentences of probation, a determinate sentence of 1 year in jail or less, a conditional discharge, or an unconditional discharge are possible outcomes of a plea to Fourth Degree Grand Larceny charge.

Criminal Possession of Stolen Property in the Fifth Degree

The New York crime of knowingly being in possession of stolen property is called Criminal Possession of Stolen Property in the Fifth Degree. Under New York Penal Law 165.40, a person is guilty of this charge when he or she:

Knowingly
Possesses Stolen Property
With intent to benefit himself or a person other than the owner thereof or to prevent the recovery by the owner of the property.

Penalties and Sentencing for Criminal Possession of Property in the Fifth Degree

Criminal Possession of Stolen Property in the Fifth Degree is a Class “A” Misdemeanor. As such, this particular charge is punishable by up to 1 year in prison. However, sentences of time served, probation, conditional or unconditional discharge apply are permitted for this New York Motor Vehicle Theft charge.

Criminal Possession of Stolen Property in the Fourth Degree

Criminal Possession of Stolen Property in the Fourth Degree, under New York Penal Law 165.45(5), is a felony that applies to unlawful possession of someone else’s vehicle. These are the elements of this charge:

Knowingly
Possesses stolen property
The value of which is over $100
The property consists of a motor vehicle

Penalties and Sentencing for Criminal Possession of Stolen Property in the Fourth Degree

Criminal Possession of Stolen Property in the Fourth Degree is a Class “E” Non-Violent Felony. As such, this particular charge is punishable by up to 1 1/3 to 4 years in prison. However, sentences of probation, conditional discharge, unconditional discharge or a determinate jail term of a year or less are permissible for this particular charge.

Defending Against New York Motor Vehicle Theft Charges

If you or a loved one is facing any of the above-mentioned New York Motor Vehicle Theft charges, it is crucial to seek the advice and representation of an experienced criminal defense attorney. An attorney can review the details of your case and determine the best course of action for your defense. Common defenses against motor vehicle theft charges may include:

Lack of intent: If it can be proven that you did not have the intent to use the vehicle in a felony or immediate flight, this may help to defend against New York Unauthorized Use of a Vehicle charges.
Consent: If you had the owner’s consent to use the vehicle, this can serve as a defense against motor vehicle theft charges.
Lack of knowledge: In some cases, it may be possible to argue that you were unaware that the vehicle was stolen and, therefore, cannot be held responsible for possession of stolen property.
Mistaken identity: It is possible for someone to falsely accuse you of motor vehicle theft or possession of stolen property. A strong alibi and other evidence can help establish your innocence.

In addition to these defenses, an attorney can also negotiate on your behalf and potentially have the charges reduced or dismissed. It is important to never attempt to defend against New York Motor Vehicle Theft charges without the guidance of a knowledgeable attorney.

Contact Top Rated Motor Vehicle Theft Attorneys

If you have been charged with a New York Motor Vehicle Theft crime, it is important to seek legal representation from experienced and skilled attorneys. The consequences of these charges can be severe and may result in imprisonment, fines, and a criminal record.

At The Fast Law Firm, our experienced attorneys have successfully defended numerous clients against motor vehicle theft charges. We understand the complexities of these cases and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact us at 646-956-2035 today for your free initial consultation to discuss your case and learn more about how we can help you.

New York Motor Vehicle Theft Offenses: What You Need to Know

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