New York City and State define car theft as taking, driving, or otherwise possessing someone else’s vehicle without their permission. This is classified under various charges, including “unauthorized use of a vehicle,” “petit larceny” and “grand larceny” (also known as grand theft). Prosecutors can also file unauthorized use of a vehicle charges in three degrees, with the first degree being the most serious. Even if the intent was to return the vehicle, taking it without the owner’s consent can still lead to criminal charges.
Defending against car theft accusations
A defendant’s attorney can use several different strategies when defending clients against car theft accusations:
- Lack of intent: There was no intention to permanently deprive the owner of the vehicle, which is crucial for theft charges.
- Mistaken identity: The defendant argues they were misidentified as the perpetrator.
- Misunderstanding: The defendant had permission to use the vehicle, but there was a misunderstanding.
- Violation of constitutional rights: This occurs during the arrest or investigation, typically involving illegal searches, and can also lead to dismissal.
Given the serious implications of car theft charges, defendants must take these accusations seriously and mount an aggressive defense.
The impact of car theft charges
Car theft charges can have severe consequences on a defendant’s future. A conviction can increase sentences for future offenses due to a preexisting criminal record. Beyond the criminal justice system, a car theft conviction can affect employment opportunities, as many employers conduct background checks and may be hesitant to hire someone with a theft-related conviction. Similarly, landlords may be reluctant to rent to individuals with a criminal record, impacting housing prospects. The stigma associated with a theft conviction can also affect personal relationships and community standing.
Legal guidance is often vital
Hiring an experienced criminal defense attorney, especially one who is a former prosecutor, can be immensely beneficial. Such attorneys understand the legal system and can navigate car theft cases effectively. They can ensure the judge hears the defendant’s side of the story, provide strategic defense, negotiate plea deals and work to protect the defendant’s rights and future.