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Article 165 Vehicle-Related Property Offenses | Penal Law 165.06

New York Unauthorized Use of a Vehicle in the Second Degree Lawyer

Unauthorized use of a vehicle in the second degree can raise felony-level exposure where prosecutors allege aggravating facts or prior conduct. The defense often focuses on consent, prior case history, identity, vehicle records, and whether the alleged conduct fits the charged degree.

Lebedin Kofman LLP represents clients in New York theft, larceny, stolen-property, fraud, and vehicle-related property cases. The firm focuses on early intervention, charge analysis, evidence review, and defense strategy designed to protect the client from both criminal penalties and long-term collateral consequences.

Call 646-663-4430 or contact the firm for a confidential consultation.

What prosecutors may focus on

  • aggravating facts
  • prior case allegations
  • consent
  • driver identity
  • vehicle records
  • police pursuit or stop allegations
  • statements

Defense issues in these cases

  • challenging the degree charged
  • reviewing whether any predicate facts are valid
  • testing identity and consent evidence
  • addressing collateral license, employment, or immigration consequences

In theft and property cases, small factual differences can change the charge, the potential punishment, and the best defense path. The value of property, whether the client knew property was stolen, whether there was consent, and whether the matter is really a civil dispute can all become central issues.

Early defense work may include contacting prosecutors before indictment, preserving video or digital records, reviewing police body-camera footage, analyzing receipts or account records, preparing for grand jury issues, and building a record for dismissal, reduction, acquittal, or a carefully negotiated resolution.

Related defense pages

Frequently asked questions

Why does the degree of unauthorized use matter?

The degree affects exposure and strategy. The facts supporting the higher degree should be carefully tested.

Can consent be a defense?

Consent, permission, or a reasonable belief of permission can be important, depending on the facts and the exact theory charged.

Contact Lebedin Kofman LLP

If you are under investigation or have been arrested for a theft, larceny, stolen-property, or related charge, speak with counsel as early as possible. Call 646-663-4430 or contact Lebedin Kofman LLP.