The severity of a grand larceny charge can vary significantly depending on how much property was wrongfully taken, but also the type of property stolen and how you stole it. Felony theft charges are more serious than misdemeanor theft charges, and conviction of a felony carries with it the threat of prison time. Therefore, if you are facing a larceny charge, you should consult with an experienced criminal defense attorney right away. Your lawyer will ensure that you understand your state’s specific laws regarding larceny and its degrees, as well as any possible defenses in your case. They will represent you in negotiations with the prosecution and appear at any necessary court hearings.
Understanding Larceny Degrees in NY
In New York, larceny crimes are broken down into three degrees based on the value of the property stolen. The lowest level of larceny is known as petit larceny, which is the illegal taking of property valued at no more than $1,000. This is a class A misdemeanor and carries with it the possibility of jail time, fines, and a surcharge. The highest level of larceny is called grand larceny in the first degree, which involves stealing more than one million dollars worth of property. Grand larceny in the second degree is the theft of property valued between $50,000 and $1,000,000, while grand larceny in the third degree involves stolen property between $3,000 and $50,000. Grand larceny in the fourth degree is the theft of items from an ATM machine, and the offense is punishable by up to four years in prison.
New York’s statutes provide a bit more detail on how the value of a piece of property is assessed for purposes of a larceny charge, but in many cases, it comes down to whether the item was taken from someone else or not. This is particularly important in Grand Larceny in the First Degree cases, which often involve white-collar fraud like business employees “cooking the books” by moving money around within a company for their own financial gain.
When arguing your case, your criminal defense attorney will likely present a number of different possible defenses to the larceny charge. They will argue that you did not intend to steal the property, that it was either borrowed or lent to you, or that you actually owned the property in question (which is often a complicated matter when dealing with personal belongings).
It will be crucial that you have a good criminal defense team on your side if you are charged with any form of larceny. The penalty for a conviction can be significant and could have an impact on your professional, personal, and family life. Contact us today to schedule a free consultation with an experienced attorney who can help you understand your options for defending against the larceny charge and fight to protect your rights.
If you have been accused of grand larceny or any other theft offense in New York State, it is extremely important that you take this accusation seriously. These crimes are felonies, which means that they could land you in state prison. They may also have a significant impact on your career, immigration status, and future plans.
According to the law in New York, a person commits a larceny crime when they wrongfully take or withhold property with the intent to deprive their rightful owner of the property. There are various degrees of larceny, with the severity largely based on the value of the property. Typically, if you have stolen something worth less than $1,000, you will be charged with a misdemeanor, called petit larceny. However, if the stolen goods are more valuable, you will be charged with a felony offense, called grand larceny.
In New York, the statute defines larceny in Article 155 of the Penal Law. Grand larceny, in particular, occurs when you steal any type of property that is valued over $1,000. This could include anything from money to cars, antiques to jewelry. You must also have the intent to steal or withhold this property for some reason. This could be to take the property for yourself or to give it away.
The degree of a grand larceny charge depends on the value of the stolen property and how it was taken or withheld. For example, grand larceny in the fourth degree, which is a class E nonviolent felony in New York, involves stealing property with a value of up to $1,000.
If the property is worth more than $1,000,000, you will be charged with grand larceny in the first degree, which is a class B felony. If you committed this offense in connection with a conspiracy or extortion, then it can be elevated to a class A felony.
Even if you are accused of grand larceny in the fourth or third degree, you can still be subject to a substantial fine and a prison sentence. However, if you have an experienced Albany criminal defense lawyer on your side, then it may be possible to reduce or dismiss the charges against you.
One of the most serious penalties associated with grand larceny in New York is that it is considered a felony. Felonies carry harsher punishments than misdemeanors, and they have a much greater potential to impact your life, family, career, and future. A felony conviction can have a devastating effect on your immigration status, as well.
Another important issue is that prosecutors can aggregate multiple alleged thefts into a single grand larceny charge if the total amount of illegal proceeds obtained is over $1,000. This principle applies to a variety of different types of cases, including those that involve embezzlement, extortion, and false promise. The key is that the aggregation must be done in a way that makes sense and is reasonably clear to a jury.
Like many other states, New York classifies grand larceny crimes according to the monetary value of the stolen property. The lowest level of larceny called petit larceny, involves stolen property worth $1,000 or less and is punishable by up to 364 days in jail and a fine. However, any time a person commits a felony theft offense the consequences can be more severe, including state prison.
The New York Penal Code defines the term “larceny” as, “taking, obtaining or withholding property from another person without that person's consent and in such manner that the taking, obtaining or withholding of the property deprives the owner of a major portion of its worth or benefit.” The crime of larceny is one of the most common criminal offenses committed by individuals who have a history of substance abuse or have been involved with other serious criminal activity. A larceny conviction can also have serious implications for an individual’s career, immigration status, and future employment opportunities.
A New York Criminal Lawyer experienced in defending theft crimes can help you defend against the charges of grand larceny, which are felony-level offenses punishable by up to four years in state prison. If you have been accused of any type of grand larceny, it is critical to consult with a New York Grand Larceny Defense Lawyer as soon as possible so that he or she can formulate a strategy and prepare for your criminal arraignment hearing.
A good New York Grand Larceny Defense Attorney will take the time to review the facts of your case and determine the best way to move forward in defending you against this serious charge. Often, a qualified Suffolk County shoplifting attorney can convince the prosecutor to drop the charges or offer a plea at arraignment to a lesser offense such as a misdemeanor for first-time offenders.
Felony theft offenses range from class A misdemeanors such as petit larceny and Criminal Possession of Stolen Property in the Fifth Degree to a class B felony for Robbery in the First Degree and Burglary in the First Degree, and even up to a class B felony for Grand Larceny of Property Over $1 Million. The felony criminal penalties for any of these crimes can be severe, and a convicted felony will appear on your criminal record for the rest of your life.
The United States has made progress in dialing back the War on Drugs, but reducing the number of people stuck in prison on non-violent property offenses will require similar reforms. For example, New York is the only state in the country where the threshold for a felony shoplifting charge hasn’t been adjusted to reflect inflation over three decades. Changing this standard will make the law more fair for first-time offenders and reduce the burden on society to pay for the prison time that these non-violent property crimes impose.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060