Grand Larceny Criminal Lawyers

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Grand Larceny of a Vehicle

Larceny is a theft crime most people don’t consider involving motor vehicles. However, you can be charged with grand larceny of a vehicle in New York. Larceny is the crime of unlawfully taking property belonging to another individual and depriving them of it. This means that you take the property without their permission. After taking the property, you keep, sell or give it away. New York outlines larceny, including larceny of a vehicle, in the penal code Article 155. What is Larceny of a Vehicle in New York? In New York, larceny of a motor vehicle involves the unlawful taking of a motor vehicle. The unlawful taking is done without the consent of the true owner. Also, the vehicle is taken with the intent of not returning it. This is known as permanently depriving the rightful owner of their vehicle. What is Grand Larceny of a Vehicle in New York? The same legal statute applies to grand larceny of a motor vehicle. You are accused of unlawful taking of the vehicle. Also, you are accused of not returning the vehicle to its rightful owner. However, larceny crimes are prosecuted according to the dollar value of the property. This means you are charged with grand larceny because the dollar value of the vehicle is more than $1,000. The Degrees of Larceny Larceny of a vehicle is separated into various categories according to the dollar value of the vehicle. For instance, grand larceny in the fourth degree is defined as taking a vehicle valued at $1,000 to $3,000. Third-degree grand larceny of a vehicle is a taking a vehicle valued from $3,000 to $50,000. Grand larceny in the second degree is the taking of a vehicle that has a value ranging from $50,000 to $1 million. The most serious of the four charges is grand larceny in the first degree. This charge involves taking a motor vehicle valued higher than $1 million. Punishment for Grand Larceny in New York Remember that you haven’t been convicted of taking the motor vehicle. You’ve only been accused. This motor vehicle theft case has various punishments according to the value of the vehicle. Here is the break down of the criminal sentences for stealing a motor vehicle in New York: • Fourth degree grand larceny of a motor vehicle is one to four years in state prison. • Third degree grand larceny of a motor vehicle is two to seven years in state prison. • Grand larceny of a vehicle in the second degree is five to 15 years in state prison. • First degree grand larceny is up to 25 years in state prison. Only grand larceny of a vehicle in the first degree has a minimum prison sentence requirement. The least amount of time you can spend in prison is one to three years. If you are considered a predicate felon, the minimum prison time is four and one half years to nine years in prison. The maximum time in prison is 12 to 25 years in state prison. Predicate felon has more than one felony within a 10-year period. That fact is used against them at sentencing. Discuss Your Larceny of a Motor Vehicle in New York It’s a serious, scary matter when you are facing any type of auto theft crime. A larceny of a vehicle can greatly impact your life because the punishment includes possible prison time. Since the consequences of larceny of a vehicle are so devastating, don’t leave your defense to chance. Prosecutors are going to take it easy on you because you are young or don’t have a criminal record. They want a conviction. Contact us. Our law offices will protect your constitutional rights and provide you with a strong defense. The most common defenses to grand larceny of a vehicle include consent to take the vehicle, lack of intent and mistake of fact. For example, if the vehicle’s owner gave you consent to use the vehicle, you can use that as your defense. Your specific defense is based on the facts of your case. We offer a free consultation to assist you in resolving your auto theft case. Contact us immediately. 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.

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