Aggravated grand larceny of an automated teller machine is defined in New York Penal Code Section 155.43. This is a serious charge that is used for repeat offenders of grand larceny in the third degree.
This crime has two elements. To be convicted of aggravated grand larceny of an automated teller machine, both of these must be true:
- The person must be guilty of violating New York Penal Code Section 155.35 subdivision two, which provides that someone is guilty of grand larceny in the third degree if they steal an ATM machine or the contents of an ATM machine, and
- The person must have a previous conviction within the last five years for grand larceny in the third degree.
If someone is convicted of grand larceny in the third degree for theft of an ATM machine, that is a Class D felony. However, if that person is convicted of aggravated grand larceny of an automated teller machine because they also have a previous recent conviction for grand larceny in the third degree, then that is a Class C felony. In other words, if someone is convicted of stealing an ATM machine or the money from the machine, and then they are accused of committing the same type of crime again within a five-year period, this time they will be charged with the more serious crime of aggravated grand larceny of an automated teller machine.
Class C felonies have harsher possible penalties than Class D felonies. Conviction may result in a longer sentence. If you are convicted of a Class D felony, you may be sentenced to up to seven years in prison. However, if you are convicted of a Class C felony, your situation is worse. You will face up to 15 years in prison. Also, if you are convicted of aggravated grand larceny of an automated teller machine, then you have a prior felony record. That means your minimum sentence will be three years in prison. Since you are not a first-time felony offender, you are not eligible to get probation without prison time or to get any prison sentence shorter than three years. You could also be charged with additional felonies stemming from the same act of theft, including possession of stolen property or credit card fraud.
Not all forms of larceny are felonies. Petit larceny is a misdemeanor and is charged when a theft involves property that has a value that is less than or equal to $1,000. Grand larceny in the first, second, third, or fourth degree, however, is always a felony. Grand larceny in the first degree is the most serious crime, and grand larceny in the fourth degree is the least serious of the four degrees of grand larceny, while still being more serious than petit larceny.
What degree of grand larceny someone is charged with may depend on the value of the stolen property. When the property is worth more than $1,000,000, that is charged as first degree. Over $50,000 is second degree. Over $3,000 is third degree. Over $1,000 is fourth degree.
However, theft of an ATM machine or the contents of an ATM machine is charged as either grand larceny in the third degree or aggravated grand larceny of an automated teller machine no matter what the value of the stolen property, even if the value is less than $3,000.
If you are found guilty of aggravated grand larceny of an automated teller machine, you will spend three to 15 years in prison. If you have been charged with this crime, you can’t take any chances when it comes to your defense. You need an experienced, aggressive New York criminal defense lawyer to help you and to enable you to get the best outcome possible. Waiting too long to get a lawyer is a serious mistake that can affect the rest of your life and the life of your loved ones.