Car Theft Laws in NYC
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Car Theft Laws in NYC
New York is seeing a big surge in auto thefts. 26 cars got stolen from an NYC dealership in a single night. Reports say car theft is up 50% in recent years.
Stealing a car is automatically a felony in New York, even if the value of the car would normally qualify you for a misdemeanor charge instead. If you are accused of car theft, you’re in some serious trouble.
Types of Motor Vehicle Crimes in New York
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Different forms of car theft are classified based on how the crime is committed.
Motor Vehicle Larceny is the crime of taking a motor vehicle valued over $100 with the intent to permanently deprive the owner of the car’s use or possession. This is a Class E felony that carries a sentence of up to four years in prison and a $5,000 fine.
Joyriding is charged as “unauthorized use of a motor vehicle,” and it occurs when a person takes or uses a vehicle without the owner’s consent. In this case, the perpetrator either gives the car back or clearly intended to give the car back. A first offense is a Class A misdemeanor, punishable by up to 364 days in jail and a $1,000 fine.
Carjacking is a robbery charge and occurs when someone uses threat or force to take a vehicle from someone. Carjacking is a Class C felony offense punishable by up to 15 years in prison and a $5,000 fine. If the carjacker causes physical injury or is armed or appears to be armed the crime becomes a Class B felony punishable by up to 25 years in prison and a $5,000 fine.
Motorcycles are covered under normal larceny charges.
What are the defenses for a car theft charge?
There are three common defenses we use.
The first is that you had a legal right or consent to use the vehicle.
The second is that you didn’t intend to take the vehicle without the owner’s permission. If you merely made a mistake in the terms of permission, for example, then you did not commit a crime.
You intended to return the vehicle. While this may still get you convicted of joyriding, it can help you avoid a far more serious Motor Vehicle Larceny charge. A plea bargain like this would be a matter of last resort, but it’s still a possibility in most cases.
All criminal cases are complicated. If you’re going to minimize the damage to your life after a charge like this, you’ll need help from a qualified criminal lawyer. Contact our office to schedule a case review today.
See also:
Why Good Defense Lawyers Accept Guilty Clients
How a New York Attorney Gets Charges Dismissed
When is it Smart to Take a Plea Deal?
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