New York Penal Law § 165.08 – Unauthorized Use of a Vehicle in the First Degree

Unauthorized Use of a Vehicle in the First Degree is a law that provides harsh penalties for those who take, use, or exercise control over another’s vehicle without the owner’s permission with the intent to use the vehicle to commit certain felonies. Unauthorized Use of a Vehicle in the 1st Degree is a Class D felony.

Before a judge or jury can convict anyone of a crime, including Unauthorized Use of a Vehicle in the First Degree, the government must prove every element of the crime beyond a reasonable doubt. The elements of Unauthorized Use of a Vehicle in the First Degree are:

1. The defendant took, operated, exercised control over, or rode in a vehicle without the owner’s consent;
2. The defendant knew they did not have the owner’s permission; and
3. The defendant did so intending to use the vehicle to commit a Class A, B, C, or D felony or to flee the scene of a felony they committed.

Examples of Unauthorized Use of a Vehicle in the First Degree include the following:

• A person hops in the driver’s seat of a parked delivery vehicle and then uses the vehicle as a getaway car in a bank robbery the following week.
• A man takes a friend’s car without their permission and uses the vehicle to meet up with a minor he’d been communicating with online for the purposes of having sexual relations with the minor.

Prosecutors will almost always bring at least one other charge besides Unauthorized Use of a Vehicle in the First Degree because the offense is dependent on the defendant intending to commit another felony. Otherwise, prosecutors may bring Unauthorized Use of a Vehicle in the First Degree charges along with one or more of the following:

• Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.05
• Unauthorized Use of a Vehicle in the Second Degree – NY Penal Law § 165.06
• Criminal Possession of Stolen Property in the Fifth Degree – NY Penal Law § 165.40
• Criminal Possession of Stolen Property in the Fourth Degree – NY Penal Law § 165.45
• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Criminal Possession of Stolen Property in the Second Degree – NY Penal Law § 165.55
• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• Grand Larceny in the Second Degree – NY Penal Law § 155.40
• Misapplication of Property – NY Penal Law § 165.00

There are several defenses to the Unauthorized Use of a Vehicle in the First Degree. Due to the similarity between this offense and Unauthorized Use of a Vehicle in the Third Degree, the defenses are identical and include the following:

• You did not know that you didn’t have the vehicle owner’s permission.
• You honestly thought you had the owner’s permission.
• The vehicle owner gave you permission, potentially making them an accomplice.
• You did not intend to commit a felony at the time you took the vehicle.

Unauthorized Use of a Vehicle in the First Degree is a Class D felony. In New York, Class D felony convictions carry a maximum sentence of up to seven years in jail and a fine of up to $5,000.

If you’ve been arrested and charged with Unauthorized Use of a Vehicle in the First Degree, chances are you also face other serious felony charges. However, even if you don’t, it’s still imperative that you reach out to an experienced NY criminal defense attorney to ensure your rights are protected throughout the process. At Tilem & Associates, P.C., our skilled New York criminal defense attorneys are passionate about advocating on behalf of those facing serious felony charges, including Unauthorized Use of a Vehicle in the First Degree. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.