Extortion is a form of larceny according to the New York Criminal Code. Larceny is the illegal taking, gaining, or withholding of another person’s property. New York Penal Statute 155.05 (1). Larceny is therefore defined as stealing. Extortion is one of the various ways that theft can be committed. Extortion, often known as blackmail, is when someone uses fear to coerce another person into giving them something they don’t want. New York Penal Statute 155.05 (1). Grand larceny, a felony, is the designation given to this kind of crime since it is seen as being so serious.
New York Penal Statute 155.30 (6). Hence, if found guilty, the potential sentence would be at the very least several years in jail and at worst, a life sentence. As a result, if you are charged with grand larceny by extortion or blackmail, you should get in touch with a New York grand larceny by extortion or blackmail lawyer right away. This lawyer will inform you of your legal choices and offer you support and direction while the criminal case progresses.
Larceny charges in New York can be either misdemeanors or felonies. Petit larceny is a misdemeanor larceny offense, which carries a maximum prison term of one year. New York Penal Code 155.25. In general, petit larceny will be charged if the item in question is worth $1,000 or less. This general rule does have a few outliers, though. One exception is when blackmail is used to commit theft. Extortion entails the threat of violence or injury, which sets it apart from other forms of stealing. A threat used in an extortion or blackmail scheme may consist of:
- Threat of physical injury
- Damage to property
- Committing a crime
- Exposing a secret
- Cause a labor strike
- Testify or withhold testimony
- Another other act that would harm another person
N.Y. Pen. Law § 155.05(e)
When extortion or blackmail are involved, large larceny, a crime, will be charged instead of petit larceny. This distinction is important because a felony conviction carries a mandatory minimum jail sentence of one year and a maximum penalty of many years.
Grand larceny in the fourth degree, a Class E felony with a maximum 4-year prison sentence, is the least serious allegation that can be brought against someone accused of engaging in extortion. New York Penal Statute 155.30 (6). Extortion schemes that involve generating fear of bodily harm, or property damage, or that call for the exploitation of a public servant’s position are charged as grand larceny in the second degree. Grand larceny in the second degree is a Class C felony punishable by a maximum 15-year jail term. New York Penal Statute 155.40.
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It is not essential for the threat of harm to be aimed at the same individual who was the target of the property theft in order to be charged with extortion. It is only necessary that you wrongfully take possession of someone else’s property as a result of a threat. Moreover, the property need not be cash. The definition of “property” in the law goes beyond just money and includes things like real estate, personal property, computer data, computer programs, things in motion, proof of debt, proof of a contract, gas, steam, water, electricity, and anything else of worth. NY Penal Code Section 155.00 (1).
A grand larceny conviction carries serious repercussions. Along with doing time behind bars, having a criminal record after release will have an adverse effect on the remainder of your life. It is crucial to get legal representation from someone familiar with the New York Criminal Code as soon as you learn that you have been charged with grand larceny by extortion or bribery since there is so much at stake.