The crime of Grand Larceny is commonly seen around the country, and New York is no exception. This offense involves the taking of the property of another, where the value of the stolen item exceeds $1,000. If the value of the item is less, the crime would be considered Petit Larceny. If you have been charged with this or other theft offense such as Burglary, robbery, or credit card fraud, speak with a Brooklyn Grand Larceny Lawyer from Stephen Bilkis & Associates, PLLC for guidance and a free consultation. If you are convicted of this crime, you could be facing serious penalties that can include incarceration, fines and probation.
There are four degrees of Grand Larceny, which are defined in NY Penal Law Sections 155.3 through 155.42, which are as follows:
4th Degree: This law will apply if the value of the items stolen range between $1,000 and $2,999. This law also applies if the stolen items are a public record, an item of religious worship, or if the item is a gun. This crime is classified as an “E” offense.
3d Degree: This law will apply if the value of the items stolen range between $3,000 and $49,000. This crime is considered a “D” felony.
2nd Degree: This law will apply if the value of the items stolen range between $50,000 and $999,999. This crime is considered a “B” felony.
1st Degree: This law will apply if the value of the items stolen is more than one million dollars. This crime is considered a “B” felony.
Our skilled legal team will explain that a distinction with this crime is that the amounts are cumulative. This means that if the defendant steals $1,000 a day for an ATM for 50 straight days, the crime would be considered grand larceny in the second degree (because the amount totals $50,000). This can be compared to the crime of Burglary. In this case, if the defendant entered a dwelling and stole $1,000 per day for a period of 50 days the crime would be 50 counts of burglary.
Defenses:
Value of Property
The value of the property stolen will determine which degree of larceny applies. If the value of the item is difficult to determine, a replacement value will be used. Commonly prosecutors will claim the highest possible dollar value for an item. If defense can prove the value of the item is less than what prosecutors claim, the degree of larceny can be reduced.
Intent
One of the elements of this crime is intent. The defendant must have had the specific intent to permanently deprive the victim of the items stolen. Therefore if the item was taken by mistake for instance, or they were simply reclaiming something that they believed to be theirs, the intent to “permanently deprive” would not be present.
Identity
If the defendant wasn’t arrested during the commission of the crime, the issue of identity may arise. The prosecution must establish that the defendant was in fact the person that committed the offense.
If you or a loved one has been charged with a theft offense such as Robbery, burglary or petit larceny, speak to our legal team for legal guidance and a free consultation. We have office locations throughout New York for your convenience, including locations in Brooklyn, the Bronx, Manhattan, Staten Island and Queens. We also have locations in Suffolk County and Nassau County on Long Island and Westchester County. Contact us today to schedule your free consultation at 800.696.9529.