Auto Theft Lawyer in New York

Former Prosecutors, Former Public Defenders & a Former Judge

New York does not treat every allegation involving a stolen or unauthorized vehicle as the same crime. Depending on what prosecutors claim happened, a case may involve grand larceny, unauthorized use of a vehicle, criminal possession of stolen property, robbery, auto stripping, or a combination of charges.

At Barket Epstein Kearon Aldea & LoTurco, LLP, our criminal defense team includes former prosecutors, former public defenders, and Hon. David J. Ayres, a former Nassau County Court Judge. Our attorneys bring more than 200 years of combined legal experience to the firm's cases and use a team-based approach when the facts or legal issues call for multiple perspectives.

Understanding exactly what the prosecution must prove is the starting point. The value of the vehicle, whether the owner consented, what the accused intended, whether force was allegedly used, and what evidence connects a person to the vehicle can all affect the charges and the defense.

New York Does Not Have One Single “Auto Theft” Charge

“Auto theft” is a useful everyday term, but New York Penal Law divides vehicle-related conduct among several offenses.

That distinction matters. A person accused of taking a vehicle may face a felony grand larceny charge, while another case involving temporary unauthorized use may be prosecuted under Article 165. Allegations involving force can move the case into robbery law, and someone accused of possessing a vehicle after it was stolen can face a different charge from the person alleged to have originally taken it.

Our New York theft crimes practice addresses the broader category. Auto theft cases require an additional vehicle-specific analysis.

Grand Larceny Charges Involving a Motor Vehicle

New York has a special rule for certain stolen motor vehicles.

Under Penal Law §155.30, stealing a motor vehicle other than a motorcycle can constitute Grand Larceny in the Fourth Degree when the vehicle is worth more than $100. That offense is a Class E felony.

Higher vehicle values can increase the degree of the larceny:

• Grand Larceny in the Fourth Degree: A Class E felony. A qualifying motor vehicle other than a motorcycle may fall within this degree when its value exceeds $100.
• Grand Larceny in the Third Degree: A Class D felony when the value of the property exceeds $3,000.
• Grand Larceny in the Second Degree: A Class C felony when the value exceeds $50,000.
• Grand Larceny in the First Degree: A Class B felony when the value exceeds $1 million.

The maximum imprisonment authorized for these felony classes can range from four years for a Class E felony to 25 years for a Class B felony, although the sentence in an individual case depends on the offense, criminal history, statutory sentencing rules, and other circumstances.

Because value can change the degree of the charge, the prosecution's valuation of the vehicle may become an important issue. New York generally looks to the property's value under the applicable statutory valuation rules rather than simply accepting an unsupported number.

Learn more about grand larceny defense.

Unauthorized Use of a Vehicle Is a Different Offense

Unauthorized use does not require the prosecution to prove the same larcenous intent required for grand larceny.

Unauthorized Use of a Vehicle in the Third Degree can apply in several situations, including knowingly taking, operating, controlling, riding in, or otherwise using a vehicle without the owner's consent. The statute also covers certain misuse of vehicles initially obtained through service or return agreements. Third degree is a Class A misdemeanor.

Unauthorized Use in the Second Degree is a Class E felony and applies when the statutory repeat-offense requirements are met.

Unauthorized Use in the First Degree is a Class D felony and can apply when a person knowingly lacks the owner's consent and uses the vehicle with the intent to use it during the commission of certain serious felonies or in immediate flight from them.

These distinctions are why a defense should begin with the actual statutory charge rather than the general label “car theft” or “joyriding.”

When Force, Possession, or Vehicle Parts Change the Case

Vehicle-related allegations can also involve other theft offenses.

Robbery Involving a Motor Vehicle

New York defines robbery as forcible stealing. Under Penal Law §160.10, forcibly stealing property can constitute Robbery in the Second Degree when the property is a motor vehicle.

That is a Class C felony and is treated differently from an ordinary nonviolent larceny allegation.

See our New York robbery defense page for a broader explanation of robbery charges.

Criminal Possession of a Stolen Vehicle

A person does not have to be accused of originally taking a vehicle to face a stolen-property charge.

Criminal possession of stolen property requires proof that the accused knowingly possessed stolen property with the intent to benefit themselves or another nonowner, or to impede recovery by the owner. The degree of the offense can depend on the value and type of property involved.

For certain motor vehicles worth more than $100, fourth-degree criminal possession can be charged as a Class E felony, while higher values can lead to higher felony degrees.

Auto Stripping

Article 165 also contains separate auto-stripping offenses involving the unauthorized removal, destruction, defacement, disguise, or alteration of vehicle parts under specified circumstances.

A case involving parts taken from a vehicle may therefore raise different issues from an allegation that the entire vehicle was stolen.