Law Offices of Jason Bassett, P.C.

What Is Larceny in NY?

Grand larceny is a broad criminal charge and it is defined in New York statutes as the unlawful taking of someone else’s property. This can range from a small amount of money to a sports car. It is different than other types of theft such as robbery or burglary because those crimes involve the use of force, intimidation, or illegal entry to steal property. Instead, grand larceny does not require the use of any of these tactics. It is also more focused on the value of the property taken.

Larcenies are divided into degrees depending on the value of the stolen item and whether or not it meets certain criteria. For example, stealing a package from someone’s porch is not considered a larceny but the NYPD reports that thousands of packages are stolen every day from foyers, vestibules, and hallways.

If a package is worth less than $1,000 it is considered petit larceny and can result in probation or a fine. However, if the item is more than $1,000 it becomes Grand Larceny in the Fourth Degree and the offender can be subject to a maximum of four years in prison and a fine.

It is also considered Grand Larceny in the Fourth Degree if the value of the item is more than $3,000 but not more than $50,000 or if the item is an ATM machine or its contents. This level of grand larceny is a Class E felony and the punishment can include up to four years in jail, a fine, and restitution.

A person can be charged with Grand Larceny in the Third Degree if they take property valued at more than $50,000 but not more than $1,000,000 or if they obtain any property by extortion. For example, a business owner could be charged with Grand Larceny in Third Degree if they were accused of stealing from employees and then paying them less than they were owed. This is a Class D felony and the guilty party can be subject to up to seven years in prison, a fine, and restitution.

If you are facing a larceny charge, contact our team right away to discuss how we can help. We can work to negotiate with investigators and prosecutors to increase the likelihood of reaching a favorable resolution without ever having to go to court. This is often easier if you have a criminal defense attorney that understands the intricacies of grand larceny laws and can present a strong case on your behalf. 

Degrees of Larceny NY

There are four degrees of larceny, each one increasing in severity in terms of the amount of money and/or value of property involved. These theft crimes range from class A misdemeanors for Petit Larceny (taking something worth less than $1000) to class C and B felony convictions for Robbery in the First Degree, Burglary in the First Degree, and Grand Larceny of Property Valued at Over One Million Dollars. If you are facing a theft charge, it is imperative that you contact an experienced New York Criminal Defense Attorney immediately for a free consultation.

GRAND LARCENY NY DEGREES
The most serious grand larceny offense is in the second degree, which involves stealing property that has a value of between $50,000 and $1,000,000. This type of theft can include obtaining or attempting to obtain property through extortion, which means making the victim believe that there would be some sort of physical injury to them or their family if they didn’t hand over the property.

If you are convicted of this crime, the maximum prison term is up to 15 years. However, there is no mandatory minimum prison sentence for first-time offenders and it is possible that you could receive probation instead of incarceration.

Grand larceny in the third degree is a class D felony and involves stealing property that has a value greater than $3,000. This type of theft includes stealing property that is used in connection with religious worship, credit or debit cards, guns, and ammunition. In addition, if you steal property that is found on an ATM, it qualifies as Grand Larceny in the Third Degree.

Grand Larceny in the fourth degree is a class E felony and if you are convicted of this offense you may be subject to up to seven years in prison. Depending on whether you have been convicted of other felony offenses within the past ten years, it is possible that you will face more jail time. To avoid being charged with this offense, you should consult an experienced criminal defense attorney who understands how Suffolk, Nassau, and Queens County prosecutors handle these cases. 

NY Larceny Penalties Distinguished

When people are arrested for grand larceny in New York, the penalties they face depend largely on whether they have been accused of a misdemeanor or a felony. They also depend on the value of the property that is allegedly stolen and how it was taken. If you are facing larceny charges, you must take them seriously and consult an experienced criminal lawyer to help you understand your legal options.

New York prosecutors distinguish between different classes of larceny based on the valuation of the property stolen. They often charge individuals with a felony when the property is worth over $1,000. They usually charge a misdemeanor when the property is worth under $1,000. In some cases, aggravating factors can elevate a theft to a higher class of larceny. These factors include a victim’s age, the value of the stolen property in relation to the suspect’s income, and whether a weapon was involved.

Petit (petty) larceny is the lowest class of larceny. It is defined as the unlawful taking of property that is valued at under $1,000. Unlike other crimes like burglary or robbery, a larceny offense does not require any force to be committed. The crime can be punishable by up to one year in jail, along with a substantial fine.

Grand larceny in the second degree occurs when the value of the stolen property is between $50,000 and $1 million. This is typically a non-violent crime and often involves business or financial manipulation. For example, if an employee at a company “cooks the books” by moving money around for their own benefit, they may be charged with grand larceny in the second degree.

The highest level of larceny is grand larceny in the first degree. This crime is most commonly charged when a person steals a credit card or scientific material that is of high monetary value. It can also be charged when a person takes a firearm or religious item of significant value.

Grand larceny in the first degree is a class B felony and is punishable by up to 25 years in state prison. If you are convicted of this charge, the court will weigh a number of things when deciding on your sentence, including your criminal record and any mitigating circumstances. If you are facing a grand larceny charge, it is important that you take the charges seriously and consult an experienced attorney who can explain your legal options. Contact Jason Bassett today to schedule a consultation. He is a highly-regarded New York larceny attorney with an extensive track record of success. He is a strong advocate for his clients and will fight to get them the best possible result for their case. He is available 24/7 to discuss your matter. Contact him by phone or email now. His office is located in Suffolk County. 

Law Offices of Jason Bassett, P.C.

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