NYC Grand Larceny Lawyer
Grand Larceny is a felony in New York. If you are convicted, you could face a permanent criminal record and prison time.
However, an experienced NYC grand larceny lawyer may be able to find the right angle to get your charges reduced.
Types of New York Grand Larceny Charges
Grand larceny is a felony form of theft, and the specific degree of the charge under New York Penal Law is often (but not always) determined by the type of property or value of the property.
Grand larceny can also include the following forms of theft:
- Theft by false promise, by tick, or by false pretenses
- Issuing a bad check
The degrees of grand larceny in New York are as follows:
New York Grand Larceny in the Fourth Degree
Grand Larceny in the Fourth Degree (P.L 155.30) can be charged 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.
New York 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.
New York 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.
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.
New York 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.
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.
Sentencing Ranges for Grand Larceny in New York
Your sentencing range will depend on the degree of Grand Larceny:
- 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.
Call A 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.
FAQs Answered by an Experienced NYC Criminal Defense Lawyer
WHAT IS THE PUNISHMENT FOR GRAND LARCENY IN NY?
The punishment for grand larceny in NY is dependent on which degree of grand larceny you are facing. The sentence for a grand larceny conviction can range from community service to many years in prison. Your sentence will depend on the degree of grand larceny that you are charged with, whether you give back the stolen property, and whether you have previously been convicted of a crime before. Generally, the more criminal history you have, the worse your sentence will be.
IS GRAND LARCENY A FELONY IN NY?
Grand larceny is a felony in New York and charged in varying degrees. A grand larceny charge in New York can be either a class E, D, C, or B felony. If the valuation of the stolen property is under $1000, then typically you will only be charged with petit larceny, which is a misdemeanor.
HOW MUCH MONEY STOLEN IS A FELONY IN NY?
If you steal over $1000 worth of property, then you can be charged with the felony of grand larceny.
WHAT IS GRAND LARCENY 4TH DEGREE IN NY?
Grand Larceny in the 4th Degree can be charged in a variety of scenarios, such as when you steal a credit card, scientific material, or a firearm. However, Grand Larceny in the 4th Degree is most commonly charged when a person steals property that is in excess of $1,000.
WHAT IS GRAND LARCENY 1ST DEGREE IN NY?
Grand Larceny in the 1st Degree is charged when a person steals property worth over one million dollars. Since you must steal property of a high monetary value to face Grand Larceny in the 1st Degree charges, you can expect very significant penalties if you are convicted, including a serious prison sentence.
Oftentimes, Grand Larceny in the 1st Degree is a white-collar crime because the property stolen is not physical property but instead an intangible financial instrument. It’s not uncommon for business employees to face serious allegations for a form of “cooking the books” by moving money around inside of a company for that employee’s own gain. Grand Larceny in the 1st Degree cases can become very complex due to the detailed paper trails involved with white-collar crime.
WHAT IS GRAND LARCENY 3RD DEGREE IN NY?
Grand Larceny in the 3rd Degree occurs when a person steals property in excess of $3,000. Compared to Grand Larceny in the 4th Degree, the prosecution is much less likely to cut a defendant a break when the property is valued over $3,000. An experienced criminal lawyer can assess any specific grand larceny case to determine the right angle to get the best possible outcome.
IS THERE JAIL TIME FOR GRAND LARCENY IN NY?
You can go to jail for grand larceny in New York. However, not all grand larceny convictions result in jail time. Your outcome will depend on the specifics of your case. The most important factors are: the valuation of the property stolen, whether you can give back the property, and whether you have a criminal record.