Vehicle theft is a serious issue both in New York and elsewhere. Around 700,000 cars were stolen in the US in 2012, according to the FBI. About $4 billion was lost to auto thefts in the same year. A sort of great larceny according to the New York Criminal Code involves stealing a car. The legal term for theft is larceny. It implies obtaining, taking, or withholding another person’s property. New York Penal Statute 155.05 (1). The commission of theft may be done in a variety of ways. The charge of larceny can be either a misdemeanor or a felony depending on how the crime was carried out, what was taken, and the value of the stolen goods.
Due to the high value of vehicles, stealing one is nearly always considered a felony. So, if you are found guilty of grand larceny of a vehicle, you risk receiving a lengthy jail sentence. Contact a knowledgeable New York Grand Larceny of a Vehicle Lawyer if you are charged with grand larceny or any other theft-related offense to ensure that you have the best defense available.
Grand larceny is a type of theft that occurs when something is taken that is worth more than $1,000. It is a crime. Petit larceny is a misdemeanor larceny offense, which carries a maximum prison term of one year. New York Penal Code 155.25. Petite larceny is the term used to describe the theft of items valued at $1,000 or less. Theft of a vehicle, however, is an exception to this general rule. If the car is worth more than $100, you will be accused of grand larceny. You will be prosecuted with grand larceny even if the automobile is just worth $700 because it is a vehicle.
According to the New York great larceny legislation, stealing a car is at the very least grand larceny in the fourth degree. New York Penal Statute 155.30 (8). Grand larceny in the fourth degree is a Class E felony, which carries a maximum 4-year jail sentence if you are found guilty.
Virtually all cars are worth more than $100. In fact, a lot of modern cars are worth far over $20,000. The charge is more serious the more expensive the vehicle that was stolen was. The least serious accusation you may receive for stealing a car is grand larceny in the fourth degree. But if the car is worth more than $3,000, New York will charge you with grand larceny in the third degree or grand larceny in the second degree since they view this as a more serious crime.
Grand larceny in the third degree is when the value of the stolen goods exceeds $3,000, while grand larceny in the second degree is when the value of the stolen goods exceeds $30,000. Class D and Class C offenses, respectively, carry maximum jail terms of 7 and 15 years. N.Y. Penal Law sections 155.35 and 155.40
The prosecutor will want to assign the car the highest possible value because the value of the car is crucial in determining the charge you will face. The value of the car may be used as a basis for a grand larceny defense. The potential difference in the sentence you could receive can be substantial if you can demonstrate that the value of the is too low to reduce the charge to a lesser crime or even a misdemeanor. I’m referring to the difference between a few months and a few years in prison.
Even if the criminal procedure in New York is complicated, the charge of grand larceny of a car may seem easy and straightforward. The complexities of New York’s criminal statutes and criminal procedure could make or break your case. Hence, it’s crucial to look for legal representation from a professional who is familiar with the intricacies of the criminal justice system.