Using someone’s vehicle without their permission is a crime under New York theft law. While it may not be as serious as a charge of grand larceny, it still carries with it the potential of jail time and a hefty financial penalty. To legally operate another person’s vehicle, consent or permission must be obtained from the owner. Something as straightforward as asking a friend to borrow their truck for a week, but taking two weeks to return it could see charges being brought against you for unauthorized use of a vehicle.

Here, we’ll examine the law behind a charge of unauthorized use of a vehicle, possible punishments, and potential defense strategies should you or a family member face this charge.

What is unauthorized use of a vehicle?

New York Penal Law 165.05 – often termed the “joyriding statute” – defines three distinct ways an individual can commit unauthorized use of a vehicle :

1. If a person knows that they don’t have the consent of the owner, but still takes, operates, exercises control over, rides in or otherwise uses the vehicle
2. If a person has been granted lawful possession of the vehicle in order to perform a specific service for the owner – for example mechanical repairs – but operates the vehicle for their own personal use
3. If a person has the owner’s consent to borrow their vehicle and return it at a specified time, but intentionally keeps the vehicle beyond that time limit

The above three types of crime form the basis of all charges of unauthorized use of a vehicle.

Real-life examples of unauthorized use of a vehicle

If you’re unsure what actions exactly constitute unauthorized use of a vehicle, here are three easy to understand examples:

1. Parents forbid their teenager to use their brand new motor vehicle. The teenager disobeys their parents and drives the car without permission. They intend to return the car before their parents can find out, but under New York penal law 165.05 it’s still considered unauthorized use of a vehicle.
2. A person in Suffolk County takes their car to a mechanic for repairs. Whilst the car is under the mechanic’s possession they use it to drive to see their family in Kings County and then take it back to the shop. The use of the car by the mechanic for a personal matter unrelated to repairing it is an unauthorized use of a vehicle.
3. You borrow a car from a friend, and agree to return it within a week. You keep the car for three weeks without seeking permission from your friend. Here you may end up having a charge of unauthorized use of a vehicle being brought against you, as you’ve failed to ask for consent from the vehicle’s owner and broken the agreement you made.

Unauthorized use of a vehicle is different from vehicle theft – in an unauthorized use of a vehicle charge the defendant may intend to return the motor vehicle to the owner, whereas in a case of theft a person has no intention of returning it to the owner thereof.

Will a charge of unauthorized use of a vehicle result in jail time?

New York Penal Law has 3 classes of unauthorized use of a vehicle and each comes with different degrees of punishment.

Unauthorized use of a vehicle in the third degree (Penal law 165.05)

• Using someone’s vehicle without the vehicle owner’s consent, considered a class A misdemeanor punishable by up to one year in jail, a fine of $1000, or both

Unauthorized use of a vehicle in the second degree (Penal law 165.06)

• A repeat conviction within ten years of a prior offense is a class E felony, and carries with it a risk of up to five years jail time. You may also face a fine of up to $5000

Unauthorized use of a vehicle in the first degree (Penal law 165.08)

• A person is guilty of first degree offenses if they use a vehicle – without consent of the owner – with the intent to commit a class A, B, C or D felony or to flee from committing these crimes. A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent. This is a Class D felony, which carries with it a risk of up to seven years jail time and a fine of up to $5000

Sentencing is determined on a case-by-case basis, and the court will look to see if a defendant has any related offenses or priors before sentencing. Depending on the degree of your crime, and the strength of your defense, it is possible for the court to sentence you to a probationary term in lieu of incarceration. A good criminal lawyer will work with you to create the best defense for your case with the goal of achieving no criminal record for clients. 

Potential defenses against an unauthorized use of a vehicle charge

Depending on the circumstances surrounding your crimes, there are a few different defenses that a person can utilize.

One of the main elements a prosecutor must prove to obtain a charge of unauthorized use of a vehicle is that the defendant knew they did not have permission to take the vehicle. Your state of mind at the time of the incident is key – if it can be reasonably proven that a person believed they had consent to take the vehicle then it is a mistake, not a planned crime.

Had you a written agreement that you were able to borrow the vehicle for a certain amount of days a week, but you ended up taking it for the whole week, it is possible to argue that you only exceeded your limits of use out of necessity due to a situation out of your control.

A solid defense relies on good legal representation – even misdemeanor charges require experienced and reputable counsel to help you avoid stiff fines or jail time.

Contact The Law Offices of Julie Rendelman today

If you or a family member are facing an unauthorized use of a vehicle charge it’s important not to reveal confidential or sensitive information until you have spoken to a criminal defense lawyer. The consequences of a conviction or guilty plea are too great to ignore as the penalties can have an impact for a lifetime.

At The Law Offices of Julie Rendelman we have a thorough understanding of New York Law, and will work tirelessly to defend you at every turn. Our New York based law firm has successfully defended countless clients facing misdemeanor and felony theft crimes, and you can be assured of professional representation from a reputable team of lawyers. Call us today for a free consultation: (212)-951-1232.