New York Penal Law 155.30(4): Debit Card Grand Larceny & Credit Card Theft

by ECL Writer
New York Grand Larceny Frequently Asked Questions

Grand Larceny of a Credit Card or Debit Card, a “sister felony” to Criminal Possession of Stolen Property in the Fourth Degree (New York Penal Code 165.45(2)), is an infraction that New York criminal lawyers who practice in the criminal courts frequently see. An “E” level felony is defined by New York Penal Code 155.30(4). As a result, a conviction for this offense carries a maximum sentence of four years in jail. Prison, probation, and a criminal record are all very real worries even if first-time offenders are not subject to mandatory detention.

Theft of a credit card or debit card is a reasonably simple crime for prosecutors to pursue in New York. You are a violation of New York Penal Law 155.30(4) if you steal a credit card or debit card (4). Complicating matters, you will be charged with a crime if you steal a briefcase or backpack from a library, bar, or train platform and the bag or briefcase has a credit card. But, if you aim to steal the backpack and there happens to be a credit card, your offense will be “kicked up” to NY PL 155.30, even though the backpack itself may only be worth $20 and the other contents may be worth $50. (4). Don’t be misled. You don’t have to be aware that your theft also involves some hidden credit cards.

Related Topic – NEW YORK GRAND LARCENY IN THE FIRST DEGREE

Related Topic – NEW YORK GRAND LARCENY IN THE SECOND DEGREE

Related Topic – NEW YORK GRAND LARCENY IN THE THIRD DEGREE

Related Topic – NEW YORK GRAND LARCENY IN THE FOURTH DEGREE

Sadly, the law affords prosecutors a lot of advantages, which is bad news for people who have been arrested in New York for Grand Larceny in the Fourth Degree and their criminal attorneys. One such benefit is that, even if you are not seen stealing the actual credit card or item carrying a debit card, authorities can still charge you with a felony if they discover you in possession of the card. That crime, NY PL 165.45(2), carries with it some legal presumptions. One of those presumptions is that if you possess two or more stolen credit or debit cars, the law states that a finder of fact (usually a jury, but often a judge) can presume that you were aware the items were in fact stolen. Clearly, such a presumption can handicap your case.

Any professional who is arrested or charged with grand larceny, including doctors, lawyers, teachers, and certified public accountants, runs the risk of having their job and means of subsistence destroyed. This is regrettably true even if no time is ever spent behind bars. What effects will a conviction have on a certification or license? Do you have to tell your employer? What should you say to them if such is the case? Is this a “moral turpitude” crime? If so, how may this affect your immigration or employment laws?

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