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May 4, 2017

New York Penal Law 165.05: Unauthorized use of a vehicle in the third degree

New York Penal Law 165.05: Unauthorized use of a vehicle in the third degree is a class A misdemeanor offense. In short, the charge relates to using a motor vehicle without the owner’s consent, or beyond the agreed upon terms. The guilty party must also be aware that they do not have the consent of the owner when taking, riding, operating, or uses the vehicle in another fashion. NY PL 165.05 is also known as the “joyriding statute.”

It is possible to be charged with Unauthorized use of a vehicle in the third degree even if one had obtained previous consent from the owner of the motor vehicle. In this instance, the guilty party extended the use of the car beyond the agreed upon terms.

There are several related offenses, which vary in severity. New York Penal Law 165.06 is Unauthorized use of a vehicle in the second degree and requires a previous conviction of NY Penal Law 165.05. A much more serious crime is New York Penal Law 155.30: Grand larceny in the fourth degree. It is possible to be charged with 155.30 and 165.05 or 165.06 concurrently.

Example

It is possible that two roommates share a vehicle, even if the automobile is owned by and registered to one of the two individuals. The two men may have such an agreement where the individual who does not own the car can use it whenever he needs. In such a scenario of Unauthorized use of a vehicle in the third degree, the individual who does not own the car may have taken the car without the consent or knowledge of his roommate. Perhaps the vehicle’s owner had an important doctor’s appointment and went outside to find his car to no avail. When he tried to reach his roommate by cell phone, the man who did not own the car was unresponsive to both calls and text messages. In this instance, the owner may report the vehicle stolen to the police. When police finally tracked the vehicle down several days later, the man could be arrested and charged under New York Penal Law 165.05, even if he was unaware that he had done nothing wrong. He may have decided to take the car with him for an impromptu vacation and was too busy to check his mobile device. Because using the car in this instance went beyond the bounds of the two men’s agreement, the one with the car could be charged with Unauthorized use of a vehicle in the third degree.

Defenses

In order to be convicted of Unauthorized use of a vehicle in the third degree, it must be proven that one did not have permission to operate the motor vehicle. This can be disputed in a number of ways. For example, one may have a relationship with a friend or relative whereby an agreement is made that the car is accessible whenever it is needed. When a timetable is concerned, it can also be argued that one exceeded the agreed upon limits of using the vehicle out of necessity or a situation out of their control, such as traffic, being lost, or being in danger. If one is charged with New York Penal Law 165.05, it is extremely important to be in immediate contact with a NYC defense lawyer to expound upon possible defenses.

Sentence

Unauthorized use of a vehicle in the third degree is a class A misdemeanor and carries a maximum prison sentence of one year. Along with prison, one may also be placed on probation for a period of up to three years. On top of this, being charged with 165.05 may also carry a fine.

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Phone

888-977-6335

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