Grand Larceny of a Vehicle
Stealing a vehicle in the state of New York is a felony crime, and you could face up to four years in prison. However, if the vehicle is worth more than $1000, you would face charges of grand larceny, which would mean a prison sentence of up to fifteen years in prison. If you have been accused of grand larceny of a motor vehicle, you need to see the help of an experienced attorney.
In the state of New York, larceny is defined as stealing the property of another person with the intent of depriving that person of that property. (https://criminaldefense.1800nynylaw.com/new-york-grand-larceny-sentencing-guidelines-lawyer.html) If you steal a motor vehicle that is worth a significant amount of money, you can be charged with Grand larceny, which is a more serious crime.
There are four levels of grand larceny in the state of New York. If the vehicle is worth between $1000 and $3000, grand larceny in the fourth degree occurs. This is a Class E felony, which is the least serious grand larceny charge. The accused could face up to four years in prison; however, prison time is not mandatory. If the person already has a record, prison time is likely; however, if the individual is a first- time offender, probation or a shorter jail sentence could occur.
Grand larceny in the 3rd degree takes place when the vehicle is worth more than $3,000. This is a Class D felony. A person could be sentenced to up to 7 years in prison; however, first-time offenders could face only probation.
Second-degree grand larceny occurs if the vehicle is valued at more than $50,000, and a person could receive up to fifteen years in prison. However, probation remains an option for first-time offenders.
The most serious type of grand larceny is a first-degree charge. This is rare, but it occurs if the vehicle is more than $1 million. A person could face up to 25 years in prison if convicted of first-degree grand larceny charges. Prison time of 1 year is mandatory.
To convict you of grand larceny, it must be proven that you drove the vehicle or stole the vehicle and that it belonged to someone else. It must be proven that you did not intend to return the vehicle to its owner. The vehicle’s owner could have left the keys in the car, or it could have been left unlocked and hotwired. If you are accused of grand theft auto, and experienced lawyer can help defend against these charges.
There are numerous defenses against grand theft auto. Your attorney could argue that you intended to return the vehicle to the owner. If you just wanted to take a fun ride in the vehicle and then planned on returning it, the charge will only be a misdemeanor.
In addition, no crime took place if the owner gave permission for you to use the vehicle. You must prove that the owner gave consent on this particular instance; it does not count if consent was given previously.
If a person breaks into the vehicle before he steals it, burglary charges could be added. If force, such as a weapon, is used to take the vehicle, assault or carjacking charges could occur. In these instances, additional prison time could be added.
Penalties in New York for grand theft larceny range from fines, probation, or jail time. (https://www.criminaldefenselawyer.com/resources/auto-theft-laws-new-york.htm) The circumstances in which the theft took place will determine the penalty for the crime.
If you have been accused of grand larceny, do not delay; call an attorney immediately. A lawyer in New York will be familiar with the laws in the state, and he will make sure to give you the best defense possible. You can receive a free consultation, and you can get the advice of an expert.
Grand larceny in New York is a serious crime; therefore, if you are accused of the offense, you need to seek the help of a lawyer immediately. An attorney can give you advice and tell you how to proceed. He will establish your best defense to get you a minimal, or even no, punishment. You can then put this unfortunate instance behind you and move on with your life.
May 17, 2018
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