Grand Theft Auto

Stealing a motor vehicle in New York can result in a laundry list of criminal charges – including grand theft auto. In the state, this is usually filed under grand larceny in the fourth degree and is a Class E felony.

Grand Larceny in the Fourth Degree

According to the New York Penal Code section 155.30(8), grand larceny in the fourth degree is charged when the accused has allegedly stolen a  vehicle , and the value of said property exceeds $1,000 or when the property is a motor vehicle and has a market value of over $100 (not applicable to motorcycles).

A majority of the cases involve two common circumstances. The first one involves friends or family members who lent their cars to the accused (with consent), and would call the police after a misunderstanding. Without knowing all of the facts and based on just a phone call from the owner of the vehicle, the police proceeds to file a case. The second scenario involves people who unknowingly bought a stolen car.

Grand Theft Auto Defenses

To be convicted of grand theft auto, the plaintiff must prove that you took the vehicle, with the intent to permanently deprive the owner of the vehicle. If you simply intended to use it for a short spin, the charge could be reduced to joyriding.

The vehicle can be taken in many ways, and the law doesn’t require an element of force – it could have been left unattended with keys, left unlocked and started without a key, or broken into and hotwired. This crime almost always comes with a Possession of Burglary Tools charge, as well.

I am a criminal defense attorney in New York who can help you with your grand theft auto case. Before starting my own law office, I served as a prosecutor and have handled countless theft and larceny cases. Call today for an initial consultation. 516.399.0233