Under N.Y. Pen. Law § 155.30, you have committed grand larceny in the fourth degree if you steal property and
- The value of the property is more than $1,000,
- The property is a public record,
- The property is secret scientific material,
- The property is a credit or debit card,
- The property is a firearm,
- The property was taken from someone’s person,
- The property was taken by extortion,
- The property is a vehicle that is worth over $100,
- The property is a religious document displaying an expression of faith with a value of at least $100,
- The property is a tool used to steal telephone service, or
- The property is anhydrous or liquefied ammonia such that is used to make methamphetamine
The value of the stolen property is a crucial component in determining whether the larceny allegation will be petty larceny, a misdemeanor, or grand larceny in the fourth degree, a felony. With a few notable exceptions, theft is classified as grand larceny if the item’s value is greater than $1,000. The market worth of the item at the time and location of the theft is used to determine the item’s value. The value will be based on the property’s replacement cost if that can’t be established. New York Penal Statute 155.20
The terms “property” and “owner,” as they are used in the grand larceny act, are defined in great detail in the New York Criminal Code. Practically everything can be referred to as property, including cash, valuables like jewelry or art, real estate, personal belongings like furniture and clothing, and electronic items like computer data and software. Even if the stolen item has a value of less than $1,000, larceny in the fourth degree will be charged if it is a credit or debit card, a fireman, secret scientific material, or a vehicle. In the case of a vehicle, the asset must be worth more than $100. New York Penal Statute 155.30 (1).
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Who possesses the superior right of possession determines who is considered to be the “owner.” As a result, the individual or people who have possession rights that are superior to others’ rights are known as property owners. All joint or common owners have an equal right to possession of the property if there are joint or common owners. A person who is legally in possession of something has a better claim to that thing than someone who merely has a security interest in it. NY Penal Code Section 155.00 (5).
A firearm is defined as a revolver, pistol, or shotgun with one or more barrels that are less than 18 inches long, a rifle with one or more barrels that are less than 16 inches long, a weapon built from a rifle or shotgun, or an assault weapon for the purposes of the grand larceny statute. According to the grand larceny statute, an antique firearm is not regarded as a firearm. NY Penal Law Section 265.00 (3). A sample, culture, microbe, or specimen can be called “secret scientific material.”
It can also be a record, recording, document, sketch, or other items that serve as a record or proof of an invention, procedure, formula, or other scientific or technological concepts. Secret scientific material must provide those in rightful possession with a competitive edge over others and cannot be meant to be made available to anybody other than the owner or those who are authorized access to it. NY Penal Code Section 155.00 (6).
When a theft occurs from someone’s person, it also qualifies as great larceny rather than petit larceny when the value of the stolen property is less than $1,000. This includes stealing anything straight from someone’s body, such as by purse snatching or pickpocketing. New York Penal Statute 155.30 (5)
The least serious grand larceny charge is grand larceny in the fourth degree. That is a felony of Class E. Although a conviction for grand larceny in the fourth degree does not automatically result in a jail sentence, you could receive a sentence of up to four years. New York Penal Statute 70.00 Yet, the punishment can be probation, incarceration, or both, depending on the facts of the case, including your previous case.
If it’s your first offense, you have a lower chance of receiving a jail or prison sentence; instead, you might get probation or a brief jail term followed by probation. On the other hand, the minimum punishment for grand larceny in the fourth degree is 1.5 years in prison if you are a predicate offender, which means you have been convicted of another crime within the last 10 years.
It is crucial that you speak with a skilled New York grand larceny in the fourth-degree attorney as soon as possible if you have been accused of this crime or any other larceny-related offense. The complexity of a grand larceny charge will determine the sentence.