Grand larceny is a serious criminal offense in New York State that involves stealing property with a value exceeding a certain threshold. If you or someone you know has been charged with grand larceny, you likely have many questions about the charges, potential consequences, and legal process. In this article, Eastcoastlaws.com answer some of the most frequently asked questions about grand larceny in New York.
What Is Grand Larceny In New York?
Grand larceny is a serious theft crime in New York, which involves the unlawful taking of property or money with a value above a certain threshold. The value of the property or money determines the degree of the crime, and the penalties can range from fines to imprisonment.
How Is Grand Larceny Different From Petit Larceny?
Both grand larceny and petty larceny are theft offenses, however, grand larceny carries a heavier sentence because it is a felony rather than a lesser offense. A grand larceny accusation will be brought against you if you are thought to have stolen something worth more than $1,000. The crime of petit larceny will be charged if the taken property is valued at $100 or less. There are a few exceptions to this, as a New York grand larceny attorney may explain. For instance, regardless of the value of the property, felony grand larceny will be charged if the property was taken from someone else’s person or was obtained through extortion.
What Is The Minimum Value For Grand Larceny In New York?
The minimum value for grand larceny in New York is $1,000. However, the degree of the crime depends on the value of the stolen property or money. For example, stealing property with a value over $1,000 but less than $3,000 is considered fourth-degree grand larceny, while stealing property with a value over $1 million is first-degree grand larceny.
What Are The Penalties For Grand Larceny In New York?
The penalties for grand larceny in New York depend on the degree of the crime and the value of the stolen property or money. The penalties can range from fines to imprisonment, with first-degree grand larceny carrying the most severe punishment of up to 25 years in prison.
What Is Grand Larceny In The Fourth Degree?
The least serious grand larceny crime is grand larceny in the fourth degree, which is classified as a class E felony. A fourth-degree larceny charge will be brought against you if you are accused of stealing something valued at more than $1000 but not more than $3000, is a public record, a scientific secret, a credit or debit card, or a fireman. Additionally, the prosecutor will charge you with grand larceny in the fourth degree if you remove the item straight from someone’s person or if the item is a car worth more than $100. If found guilty, you might receive a punishment that includes a maximum 4-year prison term.
What Is Grand Larceny In The Third Degree?
If the item’s value is $3000 or more but less than $50,000, or if the theft is from an ATM machine, the larceny charge will be upgraded to grand larceny in the third degree. Grand theft in the third degree is a class C felony that carries a maximum 15-year jail term. For instance, even though petit larceny is normally the crime associated with shopping lifting, you will not be charged with grand theft in the third degree if you try on a $4000 watch and leave the store wearing it.
What Is Grand Larceny In The Second Degree?
If the property that was stolen has a value of at least $50,000 but no more than $1,000,000, the prosecutor will charge you with grand larceny in the second degree. This kind of theft is often not connected to retail theft because of the enormous cash amounts involved. White-collar crimes including embezzlement, insurance fraud, tax fraud, and computer fraud are more frequently linked to it.
Moreover, the accusation will be at least grand larceny in the second degree if you threatened the victim with physical violence or damaged property while you were committing the steal. Grand theft in the second degree is a class C felony with a maximum 15-year jail term because there is so much money at stake.
What Is Grand Larceny In The First Degree?
The most severe grand larceny offense, grand larceny in the first degree, entails the theft of items worth more than $1,000,000. A maximum sentence of 25 years is conceivable for this class B felony.
Can I Be Charged With Grand Larceny If I Did Not Physically Take The Property Or Money?
Yes, you can be charged with grand larceny in New York, even if you did not physically take the property or money. For example, if you conspired with someone else to steal property or money, you could still be charged with grand larceny.
Can I Defend Myself Against Grand Larceny Charges In New York?
Yes, you can defend yourself against grand larceny charges in New York. However, it is highly recommended that you work with an experienced criminal defense attorney who can help you navigate the legal system, build a strong defense, and protect your rights.
Can I Negotiate With The Prosecutor In A Grand Larceny Case?
Yes, you can negotiate with the prosecutor in a grand larceny case. A skilled criminal defense attorney can negotiate with the prosecutor to reduce charges, negotiate a plea deal, or even have the charges dismissed altogether.
Can I Expunge My Record If I Am Convicted Of Grand Larceny In New York?
No, you cannot expunge your record if you are convicted of grand larceny in New York. However, you may be able to seal your record under certain circumstances. An experienced criminal defense attorney can help you understand your options for sealing your record.
Can I Get A Grand Larceny Conviction Sealed?
A grand larceny conviction may be sealed 10 years after sentencing, except the period spent in prison, under the new sealing law that takes effect in October 2017. Before a judge may seal a conviction, there are other requirements that must be met, such as your having displayed good behavior and making an effort to change your ways in the years after your conviction.
What Is Embezzlement?
Larceny has a specific subtype called embezzlement. It entails stealing things that are in someone’s possession or control but belong to another person or entity. For instance, embezzlement might occur if a worker took money from their employer. According to state law, a person accused of embezzlement may also be charged with larceny. The charge might be petty theft or grand larceny depending on how much was taken.
Is Stealing A Car Grand Larceny?
Grand larceny is almost always the charge for car theft in New York. If a car is involved and its value is greater than $100, grand larceny will be charged. Most automobiles are worth more than $100. A charge of burglary may also be brought against the perpetrator if they break into a garage or a car to take it.