Under N.Y. Pen. Law § 155.40, you have committed grand larceny in the second degree if you steal property and
- The value of the property is more than $50,000,
- The theft involves extortion by making the victim feel that you would harm him or her or that you would damage property, or
- If you are a public servant, the theft involves extortion by making the victim feel as if you would cause harm by abusing your public office.
Larceny is defined as stealing another person’s property in the New York Criminal Code. “Property” refers to a wide range of items, including cash, valuables, real estate, personal belongings, data and software stored on computers, documentation of contracts and debts, and any other items of worth. NY Penal Code Section 155.00 (1). One of the elements that determine whether a theft will be charged as grand larceny, a felony, or petit larceny, a misdemeanor, is the value of the property that was taken. There are four levels of severity for the crime of grand larceny. If grand larceny is charged, one of the elements that will determine what level of grand larceny the charge will be is the value of the property.
Related Topic – NEW YORK GRAND LARCENY IN THE FIRST DEGREE
Larceny under $100 is a Class A misdemeanor. You will face charges of petit larceny if the value of the stolen property is $1,000 or less. New York Penal Code 155.25. A Class A misdemeanor conviction carries a maximum punishment of one year in prison. In all other circumstances, grand larceny will be charged as a felony. Even if the property is valued at less than $1,000, there may be exceptions to this general rule where there are unique aspects of the theft that make the offense more serious.
Even if the value of the property involved is less than $50,000, grand larceny in the second degree will be charged, for instance, if the theft involves extortion with threats of harm to a person, or property, or a threat to misuse a public office. Similar to this, the charge will automatically be at least grand larceny in the fourth degree if the theft involves a public record, secret scientific material, a credit or debit card, a handgun, a vehicle, other forms of extortion, or the type of ammonia needed to create methamphetamine.
As a result, the charge you will be facing may depend greatly on the estimated worth of the stolen property. It doesn’t matter if you didn’t know how much the item was worth or if you believed it was worth less than it actually was. In order to accuse you of grand theft in the second degree or another more serious grand larceny offense, the prosecutor will attempt to determine the maximum possible value. The law does, however, offer rules for figuring out the worth of stolen goods. The market value of the item at the time and location where the theft occurred. Instead, calculating the replacement cost of the asset is another option for determining value. New York Penal Statute 155.20. You will need to persuade the court that the worth of the stolen goods was insufficiently low in order to have the accusation of grand larceny in the third-degree, fourth-degree, or petit larceny reduced to a misdemeanor.
Second-degree grand larceny is a Class C felony. Probation, jail time, and/or prison time are all possible punishments. The maximum term is up to 15 years in prison, though it can range from probation to jail. If you commit a crime for the first time, you might not receive a prison sentence. You might be given probation, a brief jail sentence, and then probation. You will receive a prison sentence if you have recently been convicted of a felony. According to the sentencing guidelines, predicate offenders found guilty of grand larceny in the second degree must serve a minimum of 4-6 years in prison.
Grand larceny in the second degree has severe repercussions, so if you’re accused of it, you should get in touch with an accomplished New York grand larceny in the second-degree attorney right away.