How to Beat a P.L. 155.35 Charge

If you’ve been arrested for grand larceny in the third degree under New York Penal Law § 155.35, you’re facing a serious felony charge. A conviction can mean prison time, a permanent criminal record, and collateral consequences that follow you for the rest of your life. But just because you’ve been charged doesn’t mean you’ll be convicted.

This post breaks down what P.L. 155.35 means, what prosecutors have to prove, the penalties you could face, and the defenses that might help you beat the charge. If you are facing a P.L. 155.35 charge in New York City, Cody Warner, P.C. can help defend you against the charges.

What Is P.L. 155.35?

P.L. 155.35 covers the crime of Grand Larceny in the Third Degree. In plain English, it’s a theft charge for property or money valued at more than $3,000 but not more than $50,000.

This is broader than shoplifting—it can include things like:

Stealing merchandise or equipment
Embezzling money from an employer
Defrauding someone through false pretenses
Extortion cases involving property

Because the law defines “larceny” broadly, people are sometimes surprised to find themselves charged under this statute even when no physical “theft” in the traditional sense occurred.

Penalties for a P.L. 155.35 Conviction

Grand larceny in the third degree is a Class D felony in New York. That means:

Up to 7 years in state prison
Probation or conditional discharge in some cases, especially for first-time offenders
A permanent felony record, which can affect employment, licensing, and housing
Potential restitution and fines

Even if prison isn’t on the table, a felony conviction can follow you for the rest of your life. That’s why fighting a P.L. 155.35 charge aggressively is so important.

What Prosecutors Must Prove in a P.L. 155.35 Case

To convict you of grand larceny in the third degree, the prosecution must prove four things beyond a reasonable doubt:

You wrongfully took property. This can include physically taking something, deceiving someone into giving it to you, or misappropriating funds entrusted to you.
The property belonged to someone else.
You intended to permanently deprive the owner of the property. Temporary borrowing or misunderstanding ownership does not meet this standard.
The property’s value exceeded $3,000 but did not exceed $50,000.

Each of these elements gives the defense a way to challenge the case.

Defenses to a P.L. 155.35 Charge

There is no one-size-fits-all defense, but the following are common strategies in grand larceny in the third degree cases:

1. Challenging the Value of the Property

If the property is worth less than $3,000, the felony charge doesn’t apply. Police and prosecutors often overstate the value of property like jewelry, electronics, or vehicles. Independent appraisals can sometimes lead to reduced charges.

2. Lack of Intent

Intent is everything. If you didn’t intend to steal—if you thought the property was yours, believed you had permission, or planned to return it—that undermines the prosecution’s case.

3. Mistaken Identity or False Accusations

In workplace theft or financial fraud cases, innocent people are sometimes blamed simply because they had access. Personal disputes can also lead to false accusations. A good defense digs into the paper trail and challenges the accuser’s credibility.

4. Illegal Search and Seizure

If police obtained evidence without a proper warrant or without probable cause, that evidence may be thrown out. Without it, the case might collapse.

5. Duress or Coercion

If you only participated in the alleged theft because someone threatened you, that can be a defense under New York law.

How a Lawyer Can Help Fight a P.L. 155.35 Charge

When you’re facing a felony, you need more than a general understanding of the law—you need strategy. A skilled criminal defense lawyer can:

Scrutinize the prosecution’s evidence and challenge weak points
Retain experts to dispute the property’s valuation
File motions to suppress illegally obtained evidence
Negotiate with prosecutors to reduce charges to a misdemeanor
Take the case to trial if necessary and argue for acquittal

The earlier a lawyer is involved, the more opportunities there are to build a strong defense.

Possible Outcomes in a P.L. 155.35 Case

Every case is different, but common outcomes include:

Dismissal: If evidence is insufficient or illegally obtained
Reduction of charges: To petit larceny or attempted larceny
Restitution deals: In some cases, paying back the alleged loss leads to a more favorable resolution
Acquittal at trial: If the prosecution can’t prove value, intent, or identity beyond a reasonable doubt

Why You Should Take a P.L. 155.35 Charge Seriously

It’s easy to feel hopeless after being charged with grand larceny in the third degree, but you should know: these cases are defensible. Prosecutors have the burden of proof, and they don’t always have enough to meet it.

A felony charge under P.L. 155.35 is a threat to your freedom and your future—but it is not the end of the road. With the right defense strategy, many people avoid felony convictions and, in some cases, walk away without any conviction at all.

Final Thoughts

If you’ve been charged under New York Penal Law § 155.35, you need to act quickly. Every case is fact-specific, and the right defense depends on your circumstances. Whether the strategy involves challenging property value, disputing intent, or fighting the admissibility of evidence, the key is to get an experienced criminal defense lawyer on your side as soon as possible.

Don’t wait for the prosecution to build its case against you—start building your defense today. Contact Cody Warner, P.C. for a free consultation.