Grand Theft Auto Vs. Carjacking In Rockland County
If you face allegations of stealing someone’s vehicle in Rockland County, you might be confused about the difference between “grand theft auto” and carjacking. Both are serious crimes, and both involve different types of vehicle theft. A first step in building an effective defense strategy should involve learning the difference between these two crimes and determining which specific charge you face.
“Grand Theft Auto” Is Not a Crime in New York
Although the term “grand theft auto” is something that people often discuss in the context of vehicle theft (probably because of a certain video game), there is no such crime in the Empire State. Instead, New York uses the term “grand larceny of a motor vehicle.” You’ll face this charge if police officers have reason to believe you stole a vehicle worth more than $100.
Since virtually all street-legal vehicles are worth more than $100, you will almost certainly face this charge after stealing a vehicle of any kind. However, New York law explicitly excludes motorcycles from the definition of “motor vehicles” in this context.
Fourth-degree grand larceny is a Class E felony in New York with a maximum prison sentence of four years. You may also face fines of up to $5,000. Alternatively, the court could order you to pay an amount that reflects the value of the stolen property, potentially up to twice the value of the motor vehicle.
With all that said, you will likely face a more serious larceny charge for stealing a motor vehicle. This is because if the vehicle is worth more than $3,000, you’ll face charges of third-degree larceny. If the vehicle is worth more than $30,000, you’ll face grand larceny in the second-degree. These more serious charges can result in prison sentences ranging from 7-15 years in prison.
Carjacking Is Usually a More Serious Crime
Carjacking in New York is almost always a more serious offense than grand larceny. The difference between these two offenses is the use of force or threats. In order to carjack someone, you must forcibly remove them from the vehicle while it is under their control. Typical strategies include pulling the victim out, holding them at gunpoint, or threatening them with a knife.
That said, New York does not yet recognize a crime called “carjacking.” Although lawmakers are attempting to introduce these laws, the most common charge in this situation is grand larceny, robbery, or both. Robbery in the third degree is a Class D felony, and it applies whenever someone “forcibly” steals property. However, forcibly stealing a vehicle automatically triggers more serious second-degree robbery charges, regardless of injuries or weapons. If you used or threatened to use a deadly weapon during the carjacking, you’ll face a Class B violent felony and up to 25 years in prison.
Can a Bergen County Theft Defense Lawyer Help Me?
Whether you face auto theft or carjacking charges in Rockland County, it makes sense to contact an experienced defense attorney to plan your next moves. Carjacking is technically a violent crime, so the penalties are generally higher. That said, auto theft can still lead to serious consequences. Explore this topic in more detail with New City criminal defense lawyer Phillip J. Murphy.
Sources:
nysenate.gov/legislation/laws/PEN/155.30
nysenate.gov/legislation/laws/PEN/160.05
