NYC Grand Larceny of a Vehicle Lawyers
In the state of New York, stealing a vehicle from its rightful owner is considered to be grand larceny. In most cases, you will be charged with a felony because typical cars, trucks and SUVs are worth thousands or tens of thousands of dollars. Therefore, you could face significant penalties if convicted.
The Vehicle Need Only Be Worth $100 or More
In a typical grand larceny case, you would only be charged with a felony if the value of the goods stolen was worth more than $1,000. However, New York law says that an individual who takes a vehicle worth more than $100 will be subject to a fourth-degree grand larceny charge. The severity of the charge increases if the car is between $3,001 and $30,000 and increases again if the value of the vehicle is over $30,000.
How Much Jail Time Could You Face?
The amount of time that you spend in jail depends largely on the charge that you are convicted of. If you face the minimum charge for a car valued at between $100 and $3,000, expect to spend anywhere from one to four years in prison. If you stole a vehicle valued at $3,001 to $30,000 you could spend up to seven years in prison. Finally, if the stolen vehicle was valued at more than $30,000, you could be sentenced to up to 15 years in prison.
How Is the Value of the Car Decided?
Naturally, the prosecutor will want the appraised value of the vehicle to be as high as possible while you want it to be as low as possible. There are several criteria that can be used to determine how much a car is worth. For example, you could get a dealer to provide a good faith estimate as to what it would pay in a trade or to buy the car. You could also look at comparable car sales from both dealerships and private parties to create and defend your valuation.
What Other Defenses to the Charge Are Available?
In addition to disputing the value of the vehicle, it may also be possible to argue that the vehicle was not stolen to begin with. Instead, an attorney could say that the vehicle was borrowed from a friend or family member. It could also be asserted that it was being taken on a test drive or used to make a delivery for an employer when it was reported missing.
This could show that there was no intent to steal the vehicle. To prove almost any criminal charge, it must generally be shown that a defendant had the intention of committing larceny. Furthermore, it may need to be shown that a defendant was not coerced or otherwise compelled to commit this offense.
If you have been charged with grand larceny of a vehicle or any other crime, you should seek legal advice as soon as possible. To learn more about how to find an attorney, visit criminallawyersnyc.com right away. While at our site, you can schedule an appointment for a consultation to discuss your case.