Under N.Y. Pen. Law § 155.43, you have committed grand larceny of any automated teller machine if you
- Commit grand larceny in the third degree and
- You have already been convicted of grand larceny in the third degree in the last 5 years.
One of the two main categories of theft is grand larceny. The New York Criminal Code defines larceny as taking, gaining, or withholding property that belongs to someone else. Larceny is simply the act of stealing. New York Penal Statute 155.05. Stealing items worth $1,000 or less is classified as petit larceny. It is a misdemeanor that carries a maximum jail sentence of one year. Contrarily, grand larceny is a felony that involves stealing items that are worth more than $1,000. In situations where the circumstances of the theft enhance the level of gravity from a misdemeanor to a felony, the theft charge also applies.
No matter the amount of the stolen item, grand larceny in the third degree, a Class D felony, will at the very least be the charge in cases where the theft involves stealing an automated teller machine (ATM) or the contents of an ATM. New York Penal Statute 155.35. The charge will not be grand larceny in the third degree if you are convicted of it once and then within five years repeat the offense by robbing an ATM or from an ATM. A Class C felony, aggravated grand larceny of an automated teller machine, will be the most serious charge. You could be sentenced to 15 years in jail as a result. Additionally, since you already have a past felony conviction and are accused of aggravated grand larceny of an ATM, you will not qualify for the first-time offender reduction. There is no chance of receiving a sentence of simply probation or a few months in jail; rather, you must serve at least three years in prison.
Related Topic – NEW YORK GRAND LARCENY IN THE FIRST DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE SECOND DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE THIRD DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE FOURTH DEGREE
Any grand larceny charge carries a potential sentence of years in jail. Grand larceny in the fourth degree is a Class E felony that entails stealing items worth more than $1,000 and carries a maximum 4-year prison term. Grand larceny in the third degree is a Class D felony that entails taking items with a value of above $3,000 and carries a maximum 7-year prison term.
Aggravated grand larceny of an automated teller machine and grand larceny in the second degree are both Class C felonies. Grand larceny in the first degree, which entails taking items valued at more than $1 million, is the most serious grand larceny offense. It is a Class B felony that carries a maximum 25-year prison term.
If you are accused of aggravated grand larceny of an ATM or grand larceny in the third degree because you stole an ATM or its contents, you’ll probably also be charged with other crimes. You can face the possession of stolen items accusation. New York Penal Statute 165. You might be prosecuted for credit card fraud if you stole money from the ATM using someone else’s credit or debit card. If found guilty of all of these counts because they are felonies, you will serve a significant period of time in prison.
If you are found guilty of aggravated grand larceny of an ATM, you might receive a minimum of 3 years and a maximum of 15 years in state prison. So, it is essential that you get in touch with a knowledgeable New York grand larceny of an ATM attorney who will zealously defend you against these allegations.