What is Larceny in NYC?
“Larceny” is the name New York law gives to theft-related crimes. The elements of Larceny are:
- Knowingly and intentionally depriving or appropriating;
- By taking, obtaining or withholding;
- Property (tangible or intangible);
- That belongs to another owner; and
- For an extended period or permanently
Depending on the type of property allegedly taken, the circumstances of the alleged taking and the value of the property, Larceny may be either a misdemeanor or a felony. Most Larceny charges are based on the mere value of the property that is allegedly taken. The value of the property, under Penal Law Section 155.20, is either the fair market value at the time and place of the alleged Larceny or, the cost of replacement of the property, if the value cannot be successfully ascertained.
New York Larceny Degrees
- Petit Larceny
- Grand Larceny in the Fourth Degree
- Grand Larceny in the Third Degree
- Grand Larceny in the Second Degree
- Grand Larceny in the First Degree
Larceny Degree | Value of Property | Crime Class | Max Prison (1st Offense) |
Petit Larceny Penal Law Section 155.25 | Any value | Class A Misdemeanor | 1 year (jail is highly unlikely) |
Grand Larceny in the Fourth Degree Penal Law Section 155.40 | More than $1,000 to $3,000 | Class E Felony | 1 1/3 to 4 years (jail is not mandatory) |
Grand Larceny in the Third Degree Penal Law Section 155.35 | More than $3,000 to $50,000 | Class D Felony | 2 1/3 to 7 years (jail is not mandatory) |
Grand Larceny in the Second Degree Penal Law Section 155.40 | More than $50,000 to $1,000,000 | Class C Felony | 5 to 15 years (jail is not mandatory) |
Grand Larceny in the First Degree Penal Law Section 155.45 | More than $1,000,000 | Class B Felony | 8 1/3 to 25 years |
Elements of Larceny Charges in New York
As stated above, there are several elements of a Larceny charge that require additional explanation. All of these elements must exist to charge a person with Larceny in New York and to continue the prosecution.
First, the intent to deprive or appropriate. Larceny requires an intent to either deprive another of property or to appropriate property for himself, herself or a third person. Both terms mean a purpose to permanently exert control over property or to cause a permanent loss to the property owner. It is not enough to use or take property from an owner for temporary or short-term use.
New York defines depriving another of property under Penal Law Section 155.00(3) as “(a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him, or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.”
Under Penal Law Section 155.00(4), appropriating the property of another means “(a) to exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit, or (b) to dispose of the property for the benefit of oneself or a third person.”
Whether an owner if deprived of property permanently or if the property is appropriated permanently is a question of fact.
Second, where Larceny charges are concerned, the property has abroad meaning. New York defines property under Penal Law Section 155.00 “any money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation.”
For New York Larceny charges, property can mean anything tangible or intangible. Property even includes intangible rights such as the right of a person to occupy an apartment, contractual rights of companies to perform services and a savings account passbook.
Third, Larceny charges in New York also require a person wrongfully to take, obtain or withhold property from its owner. While a person’s intent must be to deprive an owner of property permanently, the taking, obtaining or withholding, needs only to be temporary. Whether the property is taken, obtained or withheld, may depend on the type of Larceny that is alleged. For example, property is allegedly wrongfully taken by trespass, such as carrying away the property of another. This is the most common form of Larceny charges in New York. To prove a taking, all that is necessary is a momentary showing of dominion and control over the property that is allegedly taken. Asportation, the movement of property from one place to another, is another factor in showing a taking. However, asportation is not necessary to prove a taking for Larceny charges. Property is alleged wrongfully obtained by trick or false promise when issuing a bad check. Property is allegedly wrongfully withheld by taking property by embezzlement.
Fourth, the owner of property is defined in Penal Law Section 155.00(5) as “any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.” This, like the other definitions for New York Larceny charges, is quite broad. An owner is any person who has the right to possess property, however limited or contingent.
Types of New York Larceny Charges
The general term “larceny” covers a variety of related crimes, carrying a range of penalties. New York does not have unique crimes for each type of larceny such as extortion or larceny by trick or trespass. Rather, New York denies all types of Larceny under the umbrella of Larceny itself.
Under Penal Law Section 155.05, New York lists five categories of Larceny that fall under this umbrella:
- By conduct heretofore defined or known as common law larceny by
- Trespassory taking;
- Common law larceny by trick;
- Embezzlement; or
- Obtaining property by false pretenses;
- By acquiring lost property;
- By committing the crime of issuing a bad check;
- By false promise; or
- By extortion
Larceny Charges With Other Charges in New York
Larceny charges in New York may often be charged in association with other charges. The most frequently charged crime in association with Larceny charges in New York is Criminal Possession of Stolen Property. If a person is accused of Larceny and allegedly possesses or has dominion and control of the property, then the Criminal Possession of Stolen Property will also be charged. The 5 degrees of Criminal Possession of Stolen Property charges track with the degrees of Larceny charges, except Petit Larceny charges, which is equivalent to Criminal Possession of Stolen Property in the Fifth Degree.
Other commonly crimes commonly charged with Larceny include:
- Robbery
- Burglary, more commonly known as Trespass Burglary
- Assault
- Criminal Possession of a Forged Instrument
- Identify Theft
Defenses to Larceny Charges in New York
With any criminal charges, it is always a defense that a person did not commit the alleged act or acts. The high burden to prove a person committed any crime is proof beyond a reasonable doubt, which is a high standard. In addition, there are two important defenses built into the Larceny charges in New York under Penal Law Section 155.15.
The first defense is specific to larceny by trespass, which is what people commonly refer to as sealing, and the embezzlement, which is the wrongful taking of assets, such as money when a person is entrusted to hold such assets on behalf of an owner. The second defense is specific to embezzlement charges. Both defenses are known as affirmative defenses. That means that the burden to prove the defense falls on the person charged. However, unlike the high standard that is on the prosecution to prove criminal allegations, which is proof beyond a reasonable, the burden for a defendant to prove an affirmative defense is by a preponderance of the evidence. That means that the claim is more likely than not likely, only 51%. The Larceny affirmative defenses largely depend on the credibility of the witnesses who testify in support.
First, in “any prosecution for larceny committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated under a claim of right made in good faith.” That means that it is a defense to Larceny if a person is charged with trespassory taking or embezzlement if a person can show that there was a good faith basis to believe that he or she was the owner of the property. The standard to show good faith is subjective and not an objective reasonableness test.
Second, in “any prosecution for larceny by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.” The affirmative defense has two prongs. First, a reasonable belief that the threatened charge to be true. Unlike the first affirmative defense, the standard is objective reasonableness and does not solely rest on what a person subjectively believed. Next, the only purpose for instilling the fear was to take reasonable action to right the wrong of the threatened charge. Once again, the test is objective reasonableness.
Larceny Charges and Drug Diversion in New York
An experienced and knowledgeable defense attorney is often able to obtain a favorable disposition, especially if a person has never been arrested before or has a minimal criminal history. In some cases involving Grand Larceny charges, a defense attorney may suggest Drug Diversion or Judicial Diversion as an option. This is especially the case when the evidence against a person tends to be strong.
Drug diversion allows the person to treat alcohol and substance abuse dependency and have the charges dismissed leaving the person without a criminal record relating to the charges. Both Grand Larceny in the Fourth Degree and Grand Larceny in the Third Degree are eligible for Drug Diversion. The process for Drug Diversion begins with an assessment to see what if any substance abuse treatment a candidate would need and that there is a nexus between the charges and the substance dependency. After the assessment, a Court must make a finding that:
- A person has a history of alcohol or substance abuse or dependence;
- The alcohol or substance abuse or dependence is a contributing factor to the charges;
- Such abuse or dependence could effectively be addressed in judicial diversion; and
- Institutional confinement is or may not be necessary for the protection of the public.
The downside of Drug Diversion is that a person must plead guilty to a felony charge such as Grand Larceny before beginning treatment and agree to a jail term if he or she is unsuccessful. Then, the patient must successfully complete a program that is tailored to an individual’s treatment needs. Such treatment usually consists of at least 12 months of treatment, beginning with in-patient detox. The terns of treatment vary from person to person, but it generally includes frequent drug testing and requirements to maintain employment, housing, attend therapy sessions and reporting to Drug Court. If a person successfully completes the terms of treatment, then the guilty plea is vacated and the charges are dismissed.
Drug Diversion rules tend to be strict and full compliance with a person’s treatment and various program rules is required. Failure to comply with terms of treatment, such as a positive test for a substance, typically results in loss of compliance time. Judges tend to be quite patient with people in Drug Diversion. However, repeated and sustained violations can result in the termination of Drug Diversion. In that case, a person would be sentenced to jail and have a permanent criminal record.
New York Petit Larceny Charges
In New York, Petit Larceny is the basic Larceny charge. Unlike the 4 other degrees of Larceny, Petti Larceny has no minimum value of the property that is allegedly taken or an aggravating factor like the type of property.
Penal Law Section 155.25 states “A person is guilty of petit larceny when he steals property.” Although the law states he, as some laws in New York do, the law applies to any person.
Petit Larceny is a class A misdemeanor. The maximum penalty is 1 year in jail, but that is rarely the outcome of a Petit Larceny charge.
Petit Larceny deals with property of any value that is allegedly taken from its owner. There is no minimum or maximum value. The 4 degrees of Grand Larceny, which are all felonies, start at property that is worth at least $1,000. If the value of the property does not exceed $1,000 by much, although it may be an alleged Grand Larceny, Petit Larceny will usually be charged, especially if the accused has no prior criminal history.
New York Petit Larceny Charges and Shoplifting
Petit Larceny charges most commonly involve allegations of shoplifting, that is a person allegedly takes some item of clothing from a store. Petit Larceny and Shoplifting charges in New York most commonly involve a person walking past cash registers and towards a store exit with the property that was allegedly not paid for. However, and quite controversially, Petit Larceny charges often result in New York City if a person walks past a cash register without ever exiting a store, such as moving to a different floor within in a department store.
Since the 1980s, New York Courts have held that a person does not have to leave a store in order to be charged with Petit Larceny. The theory when a person allegedly exercises dominion and control over the property and moves the property, known as asportation, is enough to show an intent to deprive the store of the property permanently. This, of course, is a question of fact. Moving to a different floor inside a large department store before paying could be entirely innocent. Nobody except the person accused of shoplifting knows what his or her intent is.
In allowing Shoplifting charges to go forward if a person never leaves the store, Courts usually consider other factors. New York highest court, the Court of Appeals, rationalized their logic as follows:
In many cases, it will be particularly relevant that defendant concealed the goods under clothing or in a container. Such conduct is not generally expected in a self-service store and may in a proper case be deemed an exercise of dominion and control inconsistent with the store’s continued rights. Other furtive or unusual behavior on the part of the defendant should also be weighed. Thus, if the defendant surveys the area while secreting the merchandise or abandons his or her own property in exchange for the concealed goods, this may evince larcenous rather than innocent behavior.
Relevant too is the customer’s proximity to or movement towards one of the store’s exits. Certainly, it is highly probative of guilt that the customer was in possession of secreted goods just a few short steps from the door or moving in that direction. Finally, possession of a known shoplifting device actually used to conceal merchandise, such as a specially designed outer garment or a false bottomed carrying case, would be all but decisive.
Outcomes of Petit Larceny Charges in New York
New York Petit Larceny charges are a class A misdemeanor. Thus, a Petit Larceny conviction will result in a criminal record and up to 1 year in jail. In practice, however, an experienced and knowledgeable defense attorney is often able to obtain a non-criminal outcome and even a dismissal of a Petit Larceny charge. This applies to people who have no prior arrests and even people who may have a prior arrest.
The two most common non-criminal outcomes of Petit Larceny charges are Adjournment in Contemplation of Dismissal or ACD and Disorderly Conduct. If a Petit Larceny lawyer can obtain either outcome, there may be additional requirements such as community service and avoiding an arrest for some time. As a rule of thumb, 1 day of community service may be required for every $100 of the value of the property that was allegedly taken. If the property that was allegedly taken was not recovered by the owner, then the accused may be required to make restitution to obtain a favorable outcome.
An ACD is dismissed and sealed 6 months from the date it is granted if a person fulfills any terms. An ACD is not a plea of guilty. When an ACD is dismissed and sealed the charges are gone.
In New York, Disorderly Conduct, Penal Law Section 240.20, is considered a violation and not a crime. If a person accepts a plea of Disorderly Conduct, he or she does not have a criminal record. If a criminal defense lawyer can obtain a plea bargain to Disorderly Conduct, other terms such as community service and a requirement to stay out of trouble may also apply.
New York Grand Larceny in the Fourth Degree
In New York, Grand Larceny in the Fourth Degree is a class E felony. Most of the 4 felony degrees of Grand Larceny relate to the value of the property that was allegedly taken. However, Grand Larceny in the Fourth Degree charges have 10 different provisions that do not relate to value.
Grand Larceny in the Fourth Degree, Penal Law 155.30, is charged when a person “steals property” and when:
- The value of the property exceeds one thousand dollars ($1,000);
- The property consists of a credit card or debit card;
- The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
- The property consists of secret scientific material;
- The property, regardless of its nature and value, is taken from the person of another;
- The property, regardless of its nature and value, is obtained by extortion;
- The property consists of one or more firearms, rifles or shotguns:
- The value of the property exceeds one hundred dollars ($100) and the property consists of a motor vehicle (other than a motorcycle);
- The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which:
- has a value of at least $100; and
- is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation;
- The property consists of an access device which the person intends to use unlawfully to obtain telephone service; or
- The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine
Grand Larceny in the Fourth Degree Penalties in NYC
Grand Larceny in the Fourth Degree is a class E felony. If a person has no prior felonies, the minimum prison term is 1 to 3 years and the maximum is 1 1/3 to 4 years. However, prison is not required for Grand Larceny in the Fourth Degree charges. In fact, an experienced and aggressive defense lawyer may be able to obtain a reduction of the charges from a felony to a misdemeanor, violation or event complete dismissal.
The outcome of a Grand Larceny in the Fourth Degree charge often depends on the relative strength or weakness of the evidence, the background of the accused and the allegations. One factor, if applicable, is the ability of a person to make restitution if the property that was allegedly stolen is not returned.
Even though Grand Larceny in the Fourth Degree is a felony, a reduction of charges is not out of the question. In such cases, depending on the factors explained above, an experienced defense attorney may be able to obtain a plea bargain to Petit Larceny, Disorderly Conduct and even an Adjournment in Contemplation of Dismissal. In such cases, there may be additional requirements such as community service and a requirement to stay out of trouble for a specific period.
Specific New York Grand Larceny in the Fourth Degree Charges
There are 11 specific provisions that constitute Grand Larceny in the Fourth Degree. Only the first provision is a catch-all for value. The remaining 10 provisions relate to specific types of property or specific alleged actions.
Grand Larceny in the Fourth Degree Charges Based on Value Over $1,000
The most common Grand Larceny in the Fourth Degree charges in New York relate to value. To charge Grand Larceny in the Fourth Degree the value of the property that is allegedly taken must exceed $1,000. That means that property must be worth at least $1,000 and one cent to make out the charge.
The next level of Grand Larceny, Grand Larceny in the Third Degree, begins when property exceeds $3,000. When the value of the property allegedly taken exceeds $1,000, but not my much, Petit Larceny will usually be charged despite, the $1,000 floor for Grand Larceny in the Fourth Degree. That is because misdemeanors and felonies are treated differently in New York; felonies typically are more work to a prosecutor. However, when the value of the property allegedly taken exceeds $3,000, then the likely charge will be Grand Larceny in the Third Degree.
Grand Larceny From the Person
One of the types of charges of Grand Larceny in the Fourth Degree is known as Grand Larceny From the Person. The specific section of law states: “The property, regardless of its nature and value, is taken from the person of another.”
The classic example of Grand Larceny From the Person involves allegations of pickpocketing or taking property from a person’s bag. There is no floor for the value of the property that is allegedly taken from a person. Thus, if the property worth only $1 is allegedly taken from a person, then Grand Larceny From the Person could be charged. In that event, a prosecutor has the discretion to bring a lesser Larceny charge such as Petit Larceny, which is a misdemeanor.
There is an important distinction between Robbery charges and Grand Larceny From the Person. The difference between the two charges involves the alleged use of force to the threat of immediate use of force. If any force or threat of immediate threat of force is involved in the alleged taking of property, then a prosecutor may charge Robbery. The least severe Robbery charge, Robbery in the Third Degree, is a class D. The difference between the maximum penalty for Third Degree Robbery charges is 2 1/3 to 7 years, as opposed to 1/13 to 4, for Grand Larceny From the Person, which is a class E felony.
Grand Larceny in the Fourth Degree Charges Based on a Credit Card or Debit Card
Another specific provision of Grand Larceny in the Fourth Degree involves the alleged wrongful taking of a credit card or debit card. Thus, if a person is accused of allegedly stealing a bag that has nominal value, then a person could be charged with Petit Larceny. However, if the bag contains just 1 credit card or debit card, then the person could be charged with Grand Larceny in the Fourth Degree.
As noted above, Larceny charges are often charged with Criminal Possession of Stolen Property. Thus, even if police cannot testify to the alleged wrongful taking, if a person is found in possession of a single stolen credit card or debit card, then he or she could be charged with Criminal Possession of Stolen Property in the Fourth Degree, Penal Law 165.45.
Other Provisions of Grand Larceny in the Fourth Degree
Over time, New York has gradually added specific types of property to the list contained in Grand Larceny in the Fourth Degree charges. The reason for the additions is because some property may be difficult to value and other property falls under a special category, like credit cards and debit cards. Three categories of property require further explanation.
First, Grand Larceny in the Fourth Degree is charged for any property that is obtained by extortion, regardless of the value. Extortion has a specific definition in the law under Penal Law Section 155.05(2)(e): a person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:
- Cause physical injury to some person in the future;
- Cause damage to property;
- Engage in other conduct constituting a crime; or
- Accuse some person of a crime or cause criminal charges to be instituted against him;
- Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;
- Cause a strike, boycott or other collective labor group action injurious to some person`s business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;
- Testify or provide information or withhold testimony or information with respect to another`s legal claim or defense;
- Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
- Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships
Second, secret scientific material is defined in Penal Law 155.00(6), as a sample, culture, micro-organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula or any part or phase thereof, and which is not, and is not intended to be, available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent, and when it accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.
Third, if the property is a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant. This is an extremely broad provision. The property can be any writing that is required to be filed by law in any public office, whether, local, state or federal.
Finally, for all fans of Breaking Bad, if the property that is allegedly taken are precursors to methamphetamine. There are only two types of chemicals that fall under this list, anhydrous ammonia or liquified ammonia gas. With Walter White and Lydia Rodarte-Quayle deceased charges under this provision.
Grand Larceny in the Third Degree in NYC
In New York, Grand Larceny in the Third Degree is a class D felony. There are only 2 provisions of Grand Larceny in the Third Degree which address the value of the property that is allegedly taken and a specific type of property.
Under Penal Law Section 155.35, a person is guilty of Grand Larceny in the Third Degree when he or she steals property and:
- When the value of the property exceeds $3,000, or
- The property is an automated teller machine or the contents of an automated teller machine.
New York Grand Larceny in the Third Degree Penalties
Grand Larceny in the Third Degree is a class D felony. If a person has no prior felonies, the minimum prison term is 1 to 3 years and the maximum is 2 1/3 to 7 years. However, prison is not required for Grand Larceny in the Third Degree charges. In fact, an experienced and aggressive defense lawyer may be able to obtain a reduction of the charges from a felony to a misdemeanor, violation or event complete dismissal.
The outcome of a Grand Larceny in the Third Degree charge often depends on the relative strength or weakness of the evidence, the background of the accused and the allegations. One factor, if applicable, is the ability of a person to make restitution if the property that was allegedly stolen is not returned.
Even though Grand Larceny in the Third Degree is a felony, a reduction of charges is not out of the question. In such cases, depending on the factors explained above, an experienced defense attorney may be able to obtain a plea bargain to Petit Larceny, Disorderly Conduct and even and Adjournment in Contemplation of Dismissal. In such cases, there may be additional requirements such as community service and a requirement to stay out of trouble for a specific period.
New York Grand Larceny in the Second Degree
In New York, Grand Larceny in the Second Degree is a class C felony. There are only 2 provisions of Grand Larceny in the Second Degree, the first addresses the value of the property that is allegedly taken and the second deals with how property is allegedly taken.
Under Penal Law Section 155.40, a person is guilty of Grand Larceny in the Second Degree when he or she steals property and:
- When the value of the property exceeds $50,000, or
- The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will:
- Cause physical injury to some person in the future;
- Cause damage to property; or
- Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely
The first kind of Grand Larceny in the Second Degree charges involve property that is allegedly taken that is worth more than $50,000 to $1,000,000. The floor for Grand Larceny in the First Degree charges is property that is valued at more than $1,000,000.
The second provision of Grand Larceny in the Second Degree charges is specific to allegations of extortion. The provision is broad because it doesn’t have a value requirement. First, to constitute extortion, the alleged acts must compel or induce another person to deliver the property to himself or to a third person by instilling a fear that, if the property is not so delivered, the actor or another will perform any of 9 acts that are defined in Penal Law Section 155.05(2)(e).
However, Grand Larceny in the Second Degree only applies to 3 of the extortion provisions listed above. Of course, if a person is charged with any of the listed extortion provisions, the crime could be charged as either Grand Larceny in the Second Degree or the Fourth Degree. This gives a prosecutor discretion to charge either degree where extortion is alleged. There is a great difference in sentencing Grand Larceny in the Fourth Degree, a class E felony, and Grand Larceny in the Second Degree, which is a class C felony.
New York Grand Larceny in the Second Degree Penalties
Grand Larceny in the Second Degree is a class C felony. If a person has no prior felonies, the minimum prison term is 1 to 3 years and the maximum is 5 to 15 years. Prison is not mandatory for a conviction of Grand Larceny in the Second. Other sentencing options include probation for 3, 4 or 5 years and a 3-year conditional discharge.
Grand Larceny in the First Degree in New York
In New York, Grand Larceny in the First Degree is a class B felony.
Under Penal Law Section 155.42, a person is guilty of Grand Larceny in the First Degree when:
He or she steals property and when the value of the property exceeds one million dollars.
Thus, the only time that Grand Larceny in the First Degree could be charged if that property is allegedly taken is valued at over $1,000,000. The alleged taking can fall into several categories listed in Penal Law Section 155.02(2) including: mere theft, extortion, false promise and threat to cause a physical injury, among many others.
New York Grand Larceny in the First Degree Penalties
Grand Larceny in the First Degree is categorized as a class B felony. The maximum penalty for a conviction of Grand Larceny in the First Degree with no prior felony convictions is 8 1/3 to 25 years in prison and the minimum is 1 to 3 years. Due to the nature of the allegations, theft of property worth more than $1 million, alternative sentences rare.
One factor that plays into Grand Larceny in the First Degree sentencing is the ability to pay restitution. If the evidence against a person is strong, then an experienced and aggressive defense attorney may be able to obtain a favorable plea bargain to a lesser degree of Grand Larceny with the ability to make restitution.
Hiring a New York City Larceny Lawyer
The criminal justice system is complex and can be intimidating and confusing, especially in New York. Hiring the right New York Larceny attorney is crucial in obtaining the ideal outcome when one is charged with a Larceny crime in NYC.
The best New York City Larceny lawyer is experienced, aggressive and knowledgeable. As a former prosecutor in Manhattan, I have the experience and knowledge from both prosecuting Larceny charges, and aggressively defending people against Larceny charges in NYC.
Speak With a NYC Larceny Attorney Today
If you or a loved one is charged with Larceny in New York City, we’re here to help. Contacting a Larceny lawyer early in your case is important. A knowledgeable and aggressive Larceny lawyer may be able to have the charges completely dismissed based on the facts that are different in every case. In the alternative, a Larceny lawyer may be able to negotiate a favorable bargain to a non-criminal outcome or a lesser charge.
Contact The Law Firm of Andrew M. Stengel
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