new york penal law 165 05 unauthorized use of a vehicle in the t
In New York, using a vehicle without the owner’s consent is illegal under NY Penal Law 165.05. This statute makes unauthorized use of a vehicle a misdemeanor offense. Let’s take a closer look at this law, penalties, and possible defenses.
According to NY Penal Law Article 165, a person is guilty of unauthorized use of a vehicle in the third degree when they[1]:
- Knowingly take, operate, exercise control over, ride in or otherwise use a vehicle without the consent of the owner
- Do not have a good faith belief they have permission to use the vehicle
This includes using a car, truck, motorcycle, or other motor vehicle without authorization from the rightful owner[2]. It applies even if the vehicle is later returned undamaged.
Unauthorized use of a vehicle in the third degree is a Class A misdemeanor in New York[3]. Potential penalties if convicted include:
- Up to 1 year in jail
- Up to $1,000 in fines
- Probation up to 3 years
- Permanent criminal record
Penalties increase for repeat offenders. A criminal record can negatively impact job, housing, and other opportunities.
Some potential defenses to NY Penal Law 165.05 charges include[4]:
- You had consent or permission to use the vehicle
- You reasonably believed you had the owner’s consent
- Someone else used the vehicle without your knowledge
- Misidentification – you did not use the vehicle
- The “owner” does not have legal title to the vehicle
An experienced criminal defense lawyer can assess the evidence and determine the strongest defense strategy.
Christine Twomey
2024-03-21
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
2024-03-18
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.
Thank you team!
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2024-03-12
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2024-03-12
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2024-02-28
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.
Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.
I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.
Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
If facing accusations of unauthorized use of a vehicle in New York, it is important to[5]:
- Decline to answer any police questions until you have legal counsel
- Hire an experienced criminal defense attorney right away
- Follow your lawyer’s advice about responding to investigators or making statements
- Work closely with your lawyer to build your defense
- Attend all required court appearances until your case resolution
- Avoid any legal issues while out on bail that could impact your case
Finding the Right Lawyer for Your Case
When facing charges under NY Penal Law 165.05, key traits to seek in a lawyer include[6]:
- Experience specifically defending unauthorized vehicle use cases
- Familiarity with NY theft and larceny laws
- Track record of achieving charge dismissals or reductions pre-trial
- Willingness to take your case to trial if necessary
- Strong negotiation skills for plea bargaining
- Responsive communication and guidance throughout the process
Don’t leave your future up to chance. An experienced criminal defense attorney can protect your rights and build the strongest case possible against NY unauthorized use of a vehicle charges.
Sources:
- [1] https://criminaldefense.1800nynylaw.com/new-york-penal-law-165-05-unauthorized-use-of-a-vehicle-in-the-t.html
- [2] https://ypdcrime.com/penal.law/article165.php
- [3] https://nycourts.gov/judges/cji/2-PenalLaw/165/165-05%281%29.pdf
- [4] https://codes.findlaw.com/ny/penal-law/pen-sect-165-05/
- [5] https://www.gjllp.com/other-offenses-relating-to-theft.html
- [6] https://www.misd.net/languageart/grammarinaction/501grammarandwriting3e.pdf