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Long Island Unauthorized Use of a Vehicle Lawyer (PL 165.05)
Unauthorized use of a vehicle in the third degree (PL 165.05) is a class A misdemeanor in New York, punishable by up to 364 days in jail. It covers taking or using a car without the owner’s consent, a mechanic or valet using a customer’s car for personal purposes, and keeping a rental or borrowed car long past the agreed return date. Many of these cases involve family members, former partners or rental companies, not strangers. Richard Hochhauser is a former Nassau County prosecutor who defends these charges in the Nassau County First District Court in Hempstead and the Suffolk County First District Court in Central Islip.
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Charged with unauthorized use of a vehicle?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Who gets charged on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. More than 50 people were charged with unauthorized use of a vehicle, split between the two counties. This is not mainly a teenage “joyriding” charge: the typical person charged was around 40. About 1 in 5 cases involved keeping a rental or borrowed vehicle past the agreed return time.
Three ways to violate PL 165.05
Subdivision 1
Using a car without consent
Taking, driving, riding in or otherwise using a vehicle knowing you don’t have the owner’s consent. This is the most common version of the charge.
Subdivision 2
Misusing a car left for service
A mechanic, valet or other worker who has a car to perform a service and uses it for personal purposes in a way that grossly deviates from the agreed purpose.
Subdivision 3
Keeping a rental or borrowed car too long
Keeping a vehicle that was supposed to be returned at a specific time, for so long beyond that time that it’s a gross deviation from the agreement.
Degrees and related charges
| Charge | When it applies | Level and maximum sentence |
|---|---|---|
| Unauthorized use of a vehicle, 3rd degree (PL 165.05) | Any of the three situations above | Class A misdemeanor: up to 364 days in jail |
| Unauthorized use of a vehicle, 2nd degree (PL 165.06) | The same conduct with a prior conviction for this offense within the last 10 years | Class E felony: up to 4 years in prison |
| Grand larceny, 4th degree (PL 155.30) | Stealing a motor vehicle worth more than $100, with intent to keep it or deprive the owner of it | Class E felony: up to 4 years in prison |
Using a car is not the same as stealing it. Unauthorized use doesn’t require intent to keep the car. If prosecutors charge a car theft as grand larceny, showing that you only meant to use the car temporarily can be the difference between a felony and a misdemeanor.
Defenses to unauthorized use of a vehicle
Consent
You had permission, or reasonably believed you did
Consent can be given by text, by habit or by a family arrangement. The law presumes that someone using a car without consent knew it, but evidence that you had permission, or reasonably believed you did, can overcome that presumption.
Context
Family and relationship disputes
Many cases start when a relative or partner reports a shared car “stolen” after an argument. Messages, insurance, registration and past use of the car can show the real arrangement.
Rentals
Rental and return-date disputes
For overdue rentals, the prosecution must prove a gross deviation from the agreement. Extensions, payments and communications with the rental company matter.
Knowledge
You were a passenger
Riding in a car is covered only if you knew the owner hadn’t consented. Passengers often had no way of knowing.
How these cases can end
When the car was returned undamaged, the owner has been made whole, or the dispute was really a family or business disagreement, these cases can often be resolved without a criminal conviction. Possible outcomes include a dismissal, an ACD (dismissed and sealed after an adjournment period) or a reduction to a non-criminal violation.
See results in other cases: our successful cases.
Prior results do not guarantee a similar outcome.
What to do if you’re charged
- Don’t contact the owner about the case, especially if an order of protection was issued. Let your lawyer handle communication.
- Save your evidence. Texts giving permission, rental agreements, extension requests, payment receipts and insurance cards can all matter.
- Return any property you still have, through your lawyer if needed.
- Call a lawyer before the first court date. Early negotiation can keep the case from being charged as a felony.
Unauthorized use of a vehicle: frequently asked questions
Is unauthorized use of a vehicle a felony in New York?
Usually not. Unauthorized use of a vehicle in the third degree, PL 165.05, is a class A misdemeanor. It becomes a felony, unauthorized use in the second degree, if you have a prior conviction for this offense within the last 10 years.
Can I be charged for keeping a rental car too long?
Yes. PL 165.05(3) covers keeping a vehicle past the agreed return time for so long that it’s a gross deviation from the agreement. A short delay or an extension you arranged with the company usually isn’t enough.
Can I be charged for using a family member’s car?
Yes, if you knew you didn’t have permission. But family cases often involve shared cars and past permission. Evidence that you had consent, or reasonably believed you did, can defeat the charge.
What is the difference between unauthorized use and car theft?
Unauthorized use means using a car without permission. Car theft, charged as grand larceny, requires intent to keep the car or permanently deprive the owner of it. Grand larceny of a car is a felony; unauthorized use in the third degree is a misdemeanor.
Can an unauthorized use of a vehicle charge be dismissed?
Often, yes, especially when the car was returned, there was a misunderstanding about permission, or it’s a first offense. Outcomes can include a dismissal, an ACD or a reduction to a violation.
How much does a lawyer for this charge cost on Long Island?
We charge a flat fee, quoted after your free consultation.
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