Grand Larceny is one of the most common white collar crimes charged by NYC prosecutors. Grand Larceny can be charged on the basis of actions that constitute a form of theft, including such various activities such as shoplifting, embezzlement, and different types of fraud, such as credit card fraud, investor fraud, and welfare fraud. All Grand Larceny offenses are felonies.
The level of this crime can vary from Grand Larceny in the Fourth Degree (NY PL 155.30(1)) punishable by up to 4 years in prison, to Grand Larceny in the First Degree (NY PL 155.42) punishable by up to 25 years in prison. The degree of the crime is determined primarily by the amount alleged to have been stolen, embezzled, or defrauded.
A person may be charged with Grand Larceny in the Fourth Degree if it is alleged that he or she stole property with a value exceeding one thousand dollars. Grand Larceny in the Fourth Degree is an “E” felony, and is punishable by up to 4 years in prison.
Grand Larceny in the Third Degree may be charged if the value of the stolen property exceeds three thousand dollars. Grand Larceny in the Third Degree is a “D” felony, punishable by up to 7 years in prison.
Grand Larceny in the Second Degree is charged when the value of the alleged stolen property exceeds fifty thousand dollars. Grand Larceny in the Second Degree is a “C” felony, punishable by up to 15 years in prison.
A person can be guilty of Grand Larceny in the First Degree when the value of the property she or he stole exceeds one million dollars. Grand Larceny in the First Degree is a “B” felony, punishable by up to 25 years in prison.
When a defendant is found guilty of attempting a crime, the level of that crime is dropped one level or degree. In other words, if a person tried and failed to steal $70,000, then the proper charge would not be New York Penal Law 155.40. The appropriate charge would be New York Penal Law 110/155.40 (“110″ is the section of the law that sets forth attempted crimes). Since the charge is for an attempted crime, the level of the offense would drop from a “C” felony to a “D” felony. So, if the charge was an attempt to violate New York Penal Law 155.30, Grand Larceny in the Fourth Degree, the level of the offense would drop from an “E” felony to an “A” misdemeanor.
Specific types of Grand Larceny have been addressed and defined in separate statutes, for example, vehicle theft and insurance fraud. Further, there are frequently many complicated issues involved in defending a Grand Larceny case, one of the most important being the proper way of determining the value of the stolen property. Only an experienced New York City criminal defense attorney, with expertise in larceny cases, can guide you through the traps and pitfalls of a Grand Larceny case, and obtain the best possible outcome for you. Call our experienced NYC criminal defense attorneys at (212) 227-0860 for an immediate consultation.