State law loosely defines larceny as the act of depriving someone of money, personal property, or real property, including utilities, valuables, and computer or personal data. The law continues to expound on larceny by defining the word, “deprives.” It states that someone deprives another person of property in two ways. The first way is theft by permanently keeping property from its owner or for a period long enough that the owner suffered a substantial economic loss proportionate to its economic benefit or value. The second way is disposing of property so that the owner will likely never find it or recover it. If you’ve been charged with larceny, in whatever capacity, you should choose a criminal defense lawyer carefully. You don’t want to go into court alone; you need to go in with an experienced New York criminal defense attorney.
Types of Larceny
Larceny crimes are classified according to the monetary value of the stolen property. There are two types of larceny recognized within state law: petit larceny and grand larceny. Petit larceny, also called petty larceny, occurs when property worth $1,000 or less is stolen. Most shoplifters are charged with petit larceny. This is a Class A misdemeanor. Maximum penalties for petit larceny can involve as much as a year in jail and a fine of up to $1,000.
Grand larceny occurs when property is stolen that is worth more than $1,000. There are different degrees of grand larceny and different penalties for each classification. The different classifications of grand larceny are below.
- -Grand Larceny in the Fourth Degree: Grand larceny in the fourth degree is a Class E felony with a sentence of up to four years in prison, along with a fine. This classification of grand larceny encompasses a broad range of crimes, including:
- -The value of stolen property ranges from $1,000 to $3,000.
- -Stolen property includes a debit or credit card.
- -Property is stolen by means of extortion via threats to harm someone’s business or reputation.
- -The property is a motor vehicle valued at more than $100.
- -The property is a firearm, shotgun, or rifle.
- -Grand Larceny in the Third Degree: This occurs whenever:
- -The stolen property is valued at more than $3,000 but less than $50,000.
- -The property is the contents of an automated teller machine (ATM).
- -The property is an ATM itself, regardless of the value of the stolen property.
- -This is a Class D felony with a seven-year prison sentence and a fine.
- -Grand Larceny in the Second Degree: An offense is classified as second-degree grand larceny when property is stolen that is valued at more than $50,000 or obtained by extortion, threats of physical harm, or property damage. It can also involve theft by a public servant abusing their position. This is a Class C felony that carries a 15-year prison sentence plus a fine.
- -Grand Larceny in the First Degree: Grand larceny in the first degree was reserved for individuals who steal more than $1 million. It is a Class B felony with a sentence of 25 years in prison plus a fine.
Repeat Offenders
Repeat offenders are sentenced to significantly more intense penalties. If you or a loved one has been charged with grand larceny, the sooner you involve a New York larceny attorney, the better.
FAQs
Q; How Many Years Do You Get for Grand Larceny in New York?
A: In New York, non-predicate, first-time felons will do a minimum sentence of one to three years in state prison time and a maximum of eight to 25 years. However, penalties increase for repeat offenders, and maximum prison times are no longer relevant for repeat convictions. Thus, the more times someone is convicted, the more severe the sentencing will be.
Q: What Is the Difference Between Grand Larceny and Larceny in New York?
A: Larceny, at its most basic level, is petty or petit larceny. It is a misdemeanor and refers to stolen property that doesn’t equal more than $1000. Grand larceny, on the other hand, is one level up from petty larceny, and it is a felony. Grand larceny involves theft of an amount of money or items worth more than $1000.
Q: How Much Do You Have to Steal for It to Be a Felony in New York?
A: When the stolen property is valued at more than $1,000, grand larceny becomes a felony charge. Additionally, some grand larceny convictions are charged as felonies when events involve certain types of theft and specific types of property. The fines associated with a grand larceny conviction can be as much as $5,000, or twice the amount of the offender’s potential gain from the stolen property.
Q: What Is the Longest Sentence for Grand Larceny?
A: Grand larceny in the first degree is the most severe classification of grand larceny in New York. An individual can be charged with grand larceny in the first degree when the value of the stolen property exceeds $1 million. The maximum punishment for first-degree grand larceny is 25 years in jail, as it is categorized as a Class B felony.
Q: Is Shoplifting Considered Larceny in New York?
A: Shoplifting is a larceny offense in New York. Anyone caught shoplifting in New York will be subject to both criminal and civil penalties. Criminal penalties are relative to the value of the merchandise or property stolen. Less than $1,000 is a Class A misdemeanor. However, you can easily get a felony shoplifting charge if you steal property valued at more than $1,000, such as a cell phone. This can even result in prison time.
Hiring a New York Grand Larceny Attorney
The Law Offices of Robert Tsigler, PLLC, can help you through the complicated court proceedings involving a larceny charge. We have experience, knowledge, and skills obtained both inside and outside the courtroom. Whether you accept a plea bargain to get your charges diminished or punishment reduced or go to trial, an attorney from the Law Offices of Robert Tsigler, PLLC, can guide you through to the end of your case. We can provide productive and sound legal advice based on our many past successful cases and the superb rapport we aim to maintain with our clients.
Our firm can improve the chance of a positive outcome in your case or, at the very least, a more favorable one. Contact the Law Offices of Robert Tsigler, PLLC, and speak with a professional and passionate lawyer from our legal team.
