Under N.Y. Pen. Law § 155.35, you have committed grand larceny in the third degree if you steal property and
- The value of the property is more than $3,000, or
- The property is an automated teller machine (ATM) or the contents of an ATM machine.
Larceny is defined as stealing another person’s property in the New York Criminal Code. Money, real estate, personal property, computer data, gas, electricity, and nearly anything else of worth can all be included in the list of stolen property. 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. Also, if grand larceny is charged, the value of the property is one of the elements that will determine what level of grand larceny the charge would be.
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. In all other circumstances, grand larceny will be charged as a felony. The only instances where this general rule does not apply are where the property is of a certain kind and the legislature has judged that the theft was severe enough to warrant a felony prosecution, even if the property is worth less than $1,000. the following sorts of property:
- Property that is a public record,
- Property that is secret scientific material,
- Property that is a credit or debit card,
- Property that is a firearm,
- Property that was taken from someone’s person,
- Property that was acquired by extortion,
- Property that is a vehicle and has a value over $100,
- Certain types of religious documents with a value of at least $100,
- Property that is used to steal telephone service, or
- Property that is the type of ammonia used to make methamphetamine
Due to these circumstances, the theft is immediately considered grand larceny in the fourth degree, at the very least. New York Penal Statute 155.30. Nonetheless, grand larceny in the third degree will be charged if the value of the property is greater than $3,000 but less than $50,000. The charge will automatically be grand larceny in the third degree if you steal from or steal an ATM machine. The more serious accusation of aggravated grand larceny of an automatic teller machine, however, may be brought against you if you have already been found guilty of larceny involving an ATM machine. This is a Class C felony, which carries a maximum 15-year prison term. New York Penal Statute 155.43.
Related Topic – NEW YORK GRAND LARCENY IN THE FIRST DEGREE
Related Topic – NEW YORK GRAND LARCENY IN THE SECOND DEGREE
The term “property” as employed in the grand larceny legislation is 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).
In order to determine the charge you may face, it may be important to know the assessed worth of the stolen property. To accuse you of a more serious offense, the prosecutor will attempt to determine the highest potential value. The Criminal Code, however, specifies how to calculate the value of stolen property. The market value of the item at the time and location where the theft occurred. As an alternative, its replacement cost will be used to determine its value. New York Penal Statute 155.20.
Third-degree grand larceny is a Class D felony. The sentence may include probation, incarceration, or both. Up to 7 years in prison is the maximum penalty. For first-time offenders, there isn’t an obligatory prison sentence, though. As a result, even though you may receive a sentence of up to 7 years if you do not have a criminal history, you may only receive a probationary period rather than any jail or prison time. But, if you have recently been convicted of a crime, you may face mandatory minimum imprisonment if you are found guilty of grand larceny in the third degree. The minimum punishment is between two and four years in prison.
You may have to serve a lengthy jail sentence if you have been accused of grand larceny in the third degree or another theft-related offense. The best approach to make sure you have the best defense possible given the facts of your case is to speak with a skilled New York grand larceny in the third-degree attorney as soon as possible.