An NYC Grand Larceny Lawyer Discusses the Law
Defendants charged with grand larceny can face serious consequences, including lengthy prison sentences. NYC grand larceny lawyer Cody Warner is a dedicated advocate for people who are facing grand larceny charges. He can analyze your case to develop the best plan of action to strategically handle your case.
New York Grand Larceny Charges
Larceny is the crime of theft as defined by P.L. 155.05. Grand larceny is a felony form of theft, and the specific degree of a grand larceny charge is often (but not always) determined by the value of the property stolen. Grand larceny involves the intentional and wrongful taking of the property of another with the intent to deprive them of ownership either permanently or for an extended period of time. In addition to theft by physically taking an object, grand larceny can include the following forms of theft:
- Theft by false promise, by tick, or by false pretenses
- Issuing a bad check
An NYC grand larceny lawyer can assess the specific basis of the charges against you and then determine the ideal strategy to use to get you the best possible outcome.
Under New York law, there are four degrees of grand larceny, each of which is a felony. If convicted, you face more than one year of incarceration and a felony conviction on your permanent record.
Although Petit Larceny (P.L 155.25) is not a grand larceny charge, most forms of grand larceny are fundamentally Petit Larceny with some form of an aggravating factor. Petit Larceny is charged when a person steals property that is worth less than $1,000.
Petit Larceny is a class A misdemeanor. If convicted, you could face up to one year and a fine of up to $1,000.
Grand Larceny in the Fourth Degree
You can be charged with Grand Larceny in the Fourth Degree (P.L 155.30) in the following situations:
- The value of the property exceeds $1,000;
- You stole a public record or document that was kept in a public office or by a public servant;
- The property was secret scientific material;
- You stole a credit or debit card;
- You stole property off another’s person regardless of value (“pickpocketing”);
- You committed extortion, regardless of value;
- You stole one or more firearms;
- You stole a motor vehicle worth more than $100;
- You stole a religious item worth at least $100;
- You stole an access device for telephone service; or
- You stole anhydrous ammonia or liquefied ammonia gas for the purpose of manufacturing methamphetamine.
Grand Larceny in the Fourth Degree is a class E felony. If convicted you face up to four years in prison or more if you have been convicted of a felony within the last ten years. If you have been charged with grand larceny, contact an experienced NYC grand larceny lawyer who can assess your case and determine the best path forward.
Grand Larceny in the Third Degree
Grand Larceny in the Third Degree (P.L 155.35) is charged in one of two situations:
- The value of the property exceeds $3,000; or
- The property is an ATM or the contents of an ATM.
Grand Larceny in the Third Degree is a class D felony that carries a potential prison sentence of up to seven years if you are convicted. If you have been convicted of a felony within the last decade your sentencing range will be enhanced and you will face more prison time.
Grand Larceny in the Second Degree
Grand Larceny in the Second Degree (P.L 155.40) involves the theft of property worth more than $50,000 or obtained by way of extortion by means of causing fear in the victim that you will:
- Cause the victim physical harm; or
- Cause damage to property; or
- Use or abuse your position as a public servant to adversely affect the victim.
You can be charged with Grand Larceny in the Second Degree if you allegedly committed theft by threatening the victim with physical harm regardless of the property’s value. Grand Larceny in the Second Degree is a Class C felony. If convicted, you could face up to 15 years in prison, and you face even more time if you have been convicted of a felony within the last ten years.
Grand Larceny in the First Degree
Grand Larceny in the First Degree (P.L 155.42) is charged when the property stolen is worth more than $1 million. It is a class B felony that carries a potential prison sentence of up to 25 years if you are convicted. If you have been convicted of a felony within the last decade your sentencing range will be more severe.
Aggravated Grand Larceny of an Automated Teller Machine
You can be charged with this offense if you stole an ATM or the contents of an ATM and have a prior conviction for Grand Larceny in the Third Degree within the last five years. Instead of facing a class D felony, being charged with Aggravated Grand Larceny of an Automated Teller Machine (P.L 155.43) elevates your offense to a class C felony.
Sentencing for Grand Larceny Charges in New York
Like robbery and burglary arrests, people charged with grand larceny in New York face a potential range of penalties. If convicted, your sentence can include time in prison, fines, probation, and other penalties such as community service. But, ultimately, the severity of your sentence will primarily depend on the following:
- Your criminal record. First-time offenders typically face less harsh consequences than people with prior convictions, even if those convictions are unrelated to your current offense.
- The facts and circumstances surrounding your charge. The court and prosecution will consider what you stole and why you stole it. If you stole designer handbags to sell on eBay, the court may be less forgiving than if you stole baby formula to feed your baby. The court may be less forgiving if you stole from an individual instead of a large department store. If you have a substance abuse problem and steal to support the habit, the court may have more sympathy and may even consider sending your case to drug court so that you can get drug treatment. The court and prosecution will analyze the specifics of your case when assessing what they want your sentence to be. An experienced grand larceny attorney will make sure that they see the case in the proper light.
If you are convicted after a guilty plea, then your sentence will have been negotiated by your attorney, and it will be a sentence that you have agreed to accept. On the other hand, if you are sentenced after losing at trial, a sentencing hearing will be held where the court will decide your sentence. The prosecution can recommend a specific sentence, but it is ultimately the judge’s decision. However, you have a right to be present and argue for the punishment that you believe to be fair in light of the circumstances surrounding your case. An NYC grand larceny lawyer will know how to navigate your case to get the best possible outcome.
Sentencing Ranges for Grand Larceny in New York
If you have been convicted of grand larceny, you can expect to face the following ranges depending on which degree of grand larceny you have been charged with:
- Grand Larceny in the Fourth Degree: A maximum sentence of one and one-third years to four years in prison. There is no mandatory minimum sentence for first-time offenders, so it is possible to avoid incarceration. If you have a prior felony conviction within the last 10 years (you are a “predicate felon”), your maximum prison sentence could be up to four years.
- Grand Larceny in the Third Degree: With this charge there is no mandatory minimum sentence for first-time offenders, but the maximum sentence you could face is up to seven years in prison. Predicate felons face a more severe sentencing range.
- Grand Larceny in the Second Degree: There is no mandatory minimum sentence for first-time offenders and non-predicate felons, but you face up to 15 years in prison. Predicate felons face a more severe sentencing range.
- Grand Larceny in the First Degree: First-time offenders face a mandatory minimum sentence, and the maximum sentence can be up to 25 years in prison. Predicate felons face a more severe sentencing range.
First-time offenders and non-predicate felons may have additional options to avoid incarceration through probation, while those with prior convictions may face the top end of the sentencing range. Whatever your situation may be, an NYC grand larceny lawyer can advocate on your behalf to make sure you get the best possible result.
Talk to NYC Grand Larceny Lawyer Cody Warner Today
If you have been charged with grand larceny, contact an experienced NYC grand larceny lawyer today. Cody can explain the charges you face and help you understand your options. Call or email Cody to schedule a free consultation.