Watertown, NY asked in Criminal Law for New York

Q: My friend was arrested for theft of a vehicle by his ex girlfriend he has keys vehicle and title. Title has him as buyer

He hasnt signed the title yet but hes in possession of title keys vehicle and his name is printed as buyer on title and has registration application and statement of transaction, sale or gift filled out in his name and he signed that and seller signed. Seller also signed title

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2 Lawyer Answers
Peter Wade Kolp
Peter Wade Kolp
  • Criminal Law Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: Under the law you have to have intent to steal or deprive another property.

It sounds like this defendant hasnt intended to deprive but the person who is the co owner believed it taken.

He should consult with attorney who can approach and explain to the prosecutor the scenario.

S 155.35 Grand larceny in the third degree.

A person is guilty of grand larceny in the third degree when he or she

steals property and:

1. when the value of the property exceeds three thousand dollars

Richard Hochhauser
Richard Hochhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Hempstead, NY
  • Licensed in New York

A: Ownership of property is an absolute defense to larceny charges. This case will likely come down to whether your friend can show that he had ownership.

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