Grand larceny, a crime of theft, is one of the most commonly occurring crimes in New York. Generally speaking, grand larceny charges are broken out into varying degrees based upon the means by which the theft was committed as well as the monetary value of the items stolen. All degrees of grand larceny have the potential to carry life-changing penalties.
Every state will have their own definition of grand larceny, and will punish this offense in whichever way they state legislature sees fit. In New York specifically, Penal Law Section 155.05 defines larceny in multiple ways:
1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner.
2. Larceny includes a wrongful taking, obtaining or withholding of another’s property, committed in any of the following ways:
(a) By conduct defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses;
(b) By acquiring lost property, when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;
(c) By committing the crime of issuing a bad check, or by false promise.
Now two grand larceny cases are the same, and there are many methods and means by which an individual can steal property. Even different stolen objects will be governed by different degrees of grand larceny – such as stealing an ATM or a gun. Read on to learn about the different degrees of grand larceny in New York, and call a criminal defense lawyer if you want to talk about your case.
What Are The Different Degrees Of Grand Larceny In New York?
As mentioned earlier, grand larceny is governed differently in different states. In New York, grand larceny charges are broken out into four degrees, with first degree being the most serious charge that carries the most severe penalty.
Grand larceny in the first degree is when a person steals property and when the value of the property exceeds one million dollars. This charge is a class B felony.
A person is guilty of grand larceny in the second degree when he steals property and when the value of the property exceeds fifty thousand dollars; or the property, regardless of its nature and value, is obtained by extortion, physical injury to some person, abuse of a position as a public servant, or another means of unlawfully obtaining someone else’s property. Grand larceny in the second degree is a class C felony.
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 three thousand dollars. Third degree grand larceny also governs when the stolen property in question is an ATM or the contents of an ATM. Grand larceny in the third degree is a class D felony.
Lastly, a person is guilty of grand larceny in the fourth degree when he steals property and the value of the property exceeds one thousand dollars or the property consists of a public record, secret scientific material, a credit card or debit card, if the property is obtained by extortion, or involves firearms.
Will I Go To Jail If I Have Been Charged With Grand Larceny?
A grand larceny charge in any degree is a crime taken very seriously in New York. First degree larceny can result in a twenty five year incarceration sentence. With any other degree, you could be facing as long as a fifteen year sentence in jail for grand larceny.
If you have been charged with grand larceny in New York, the smartest thing you can do is call the Law Office Of Gianni Karmily and schedule a free criminal case evaluation regarding the incident. Gianni Karmily takes great pride in being the voice for the accused and works tirelessly to help each of his clients fight their charges and reach the best possible outcome on their case. Grand larceny is a serious charge that can negatively impact your life, so get legal help right away. Gianni Karmily and his legal team will fight aggressively to develop a strong defense on your case and make sure you get the most minimal penalties possible for your charges.