The offense of Grand Larceny is commonly seen in New York and across the country. There are four levels or degrees of this crime. Grand Larceny is defined as the taking the property of another which is valued at over $1,000. If the value of the property is less than $1,000 the crime is Petit Larceny. If you or a loved one has been charged with a theft crime such as Burglary, robbery or grand larceny, speak with the legal team at Stephen Bilkis & Associates, PLLC for guidance. If convicted, the consequences for these crimes are serious, and can include prison time, probation and hefty fines.
There are four degrees of this crime, which are defined in New York Penal Law Section 155.3 to 155.42:
It is important to remember that with this offense, the dollar amounts are cumulative in nature. For instance, if you unlawfully took $1,000 per day out of an ATM machine for 50 consecutive days, you have committed Grand Larceny in the 2d degree. This crime is different from Burglary, where if you entered the dwelling of another and took $1,000 per day for 50 consecutive days you would be guilty of 50 counts of burglary.
Defenses to Grand Larceny
Property Value
The market value of the property involved is a determining factor on which degree of larceny the defendant will be charged with. If the value of the item(s) cannot be accurately determined, the replacement value of the items will be used. Commonly prosecutors will allege that the value of the goods is higher than market value. If defense counsel can successfully argue that the value of the items is less than what has been determined by the prosecution, the larceny charge can be reduced.
Intent to Permanently Deprive
The requisite intent must be present for this crime to be charged. The defendant must have had the intent to permanently deprive the victim of the goods taken. If the defendant took the goods by mistake, or merely borrowed the item, the crime of larceny has not been committed.
Identity
If the perpetrator of this crime was not caught during the commission of the crime, the issue of identity can come into question. In order for a conviction, there must be direct evidence linking the defendant to the crime. Lack of clear evidence of this can cause reasonable doubt, which if present, means the defendant will not be convicted of the crime.
If you have been charged with a theft crime, it is crucial to your case to seek legal counsel right away. If convicted the penalties for these crimes can be significant, so it is important to ensure that your legal rights are protected. Speak to our legal team for guidance and a free consultation. We have locations to serve you in New York City, including Manhattan, the Bronx, Queens, Brooklyn, and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule your free appointment at 800.696.9529.