{"id":375214,"date":"2017-11-28T16:48:44","date_gmt":"2017-11-28T21:48:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-auto-theft-laws.html"},"modified":"2018-01-17T16:44:43","modified_gmt":"2018-01-17T21:44:43","slug":"new-york-auto-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-auto-theft-laws.html","title":{"rendered":"New York Auto Theft Laws"},"content":{"rendered":"\n
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New York Auto Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Stealing cars in the movies, on television, and in video games is depicted as a thrilling, adrenaline-filled adventure. The scenes are usually fast, occasionally furious, and consistently fun with few repercussions. However, in the real world the scenario is quite different; auto theft<\/a> is a serious offense with strict penalties in the state of New York.<\/p>\n

Larceny Crimes in New York<\/h2>\n

In New York, if someone deprives a person of their property (any form of property including motor vehicles) or withholds their property, that person has committed a larceny. The theft of the property can be committed in different forms such as embezzlement<\/a>, extortion<\/a>, or by a trick or other type of scheme.<\/p>\n

New York recognizes differing degrees of larceny depending on the monetary value of the allegedly stolen property. The sentencing and penalties vary, depending on the defendant’s criminal history and other factors.<\/p>\n

New York Auto Theft Laws at a Glance<\/h2>\n

The chart below provides a summary of state laws related to New York auto theft laws including links to important code sections.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Penalties and Sentencing<\/b><\/p>\n<\/td>\n

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  • Grand larceny in the fourth degree: Class E felony. First time offender: No minimum sentence, but it can be up to one and one third to four years prison term. Alternatives: probation, probation with jail, community service, fines, conditional discharge.<\/li>\n
  • Grand larceny in the third degree: Class D felony. First time offender: No minimum sentence, but up to two and one third – seven years prison term. Alternatives: probation, probation with jail, community service, fines, conditional discharge.<\/li>\n
  • Grand larceny in the second degree: Class C felony. First time offender: No minimum sentence, but up to five- fifteen years prison term. Alternatives: probation, probation with jail, community service, fines, conditional discharge.<\/li>\n
  • Grand larceny in the first degree: Class B felony. First time offender: minimum of one- three years prison and maximum possible prison term of twelve and one half to twenty five years in prison; probation and community service are not available. Predicate felons: minimum of four and one half – nine years, maximum of twelve and one half- twenty five years in a state prison.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Defenses<\/b><\/p>\n<\/td>\n

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  • Consent<\/li>\n
  • Mistake of fact<\/li>\n
  • Lack of intent- did not intend to deprive the owner of the property permanently<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Charges<\/b><\/p>\n<\/td>\n