New York Grand Larceny In The First Degree

by ECL Writer
New York Grand Larceny Frequently Asked Questions

Grand larceny in the first degree is defined by New York Penal Code 155.42 as taking, obtaining, or withholding property that belongs to another person and has a value greater than $1,000,000. A theft offense is larceny. If you steal something, you can be accused of petit or grand larceny. An infraction is a petite larceny. The charge is likely to be petit larceny if the item in question is worth $1,000 or less. The crime of grand larceny will be charged if the item’s value exceeds $1,000. Grand theft is a crime.

A separate crime known as aggravating grand larceny of an ATM is added to the four different degrees of grand larceny. The most severe grand larceny offense is first-degree grand larceny. The maximum term for this Class B felony is 25 years in jail. Even if it is your first offense, you will receive a minimum term of 1 to 3 years in jail if found guilty of grand larceny in the first degree. If you have a criminal history and have recently been convicted of a felony, you will receive a jail term of at least 4.5 to 9 years.

Your acts must comply with the statute’s standards in order for you to be accused of and found guilty of grand larceny in the first degree. Larceny is defined as stealing another person’s property in the New York Criminal Code. Almost anything of value can be referred to as “property.” Money, tangible personal property, tangible real property, computer data, computer programs, evidence of debt or contracts, gas, water, electricity, cars, secret scientific material, public records, credit or debit cards, firearms, documents used to steal telephone service, contents of ATMs, and ammonia that can be used to make methamphetamine are all specifically mentioned in the law. 155.00, 155.30, and 155.43 of the New York Penal Law.

According to the great larceny statute, the owner of a piece of property is anyone who has a right of possession over it that is superior to one of the alleged thieves. In addition, the prosecution must be able to prove that the stolen property was worth at least $1 million in order to prosecute someone with grand larceny in the first degree. If the prosecutor is unable, you will be charged with a less serious grand larceny offense, which has a potentially shorter jail term. The law stipulates that you must utilize the property’s market value at the time and location of the theft in order to assign a value to the stolen goods.

Finding out how much it would cost to replace the property would serve as a backup plan if you are unable to estimate market worth. New York Penal Statute 155.20. If you are charged with grand larceny in the first degree, regardless of the value the prosecutor has set, one important tactic is to persuade the court that the value of the property was low enough to get the charge reduced to grand larceny in the second, third, or fourth degrees, or to the misdemeanor charge of petit larceny.

Grand larceny in the second degree, a Class C felony, carries a potential sentence of up to 15 years in prison, and grand larceny in the third degree and fourth degree both carry the possibility of significant prison time. Nevertheless, even if the charge is reduced to a lesser grand larceny charge, you still face the possibility of significant prison time.

Your life and the lives of your family members will be negatively impacted by grand larceny in the first-degree conviction. So, as soon as you have been charged with grand larceny, you should speak with a knowledgeable New York grand larceny in a first-degree attorney.

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