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Suffolk County Grand Larceny From the Person

Stealing can be accomplished in a number of different ways. Property can be taken from a retail store, from someone's home, or from someone's office drawer. Credit card, banking information and other person information can be stolen from the internet. You can also steal directly from someone's person. For example, if you takes something from another person's pocket, or if your grab another person handbag, you would have stolen from the person. This type of theft is also known as pickpocketing. To some pickpocketing may seem minor-- hardly a crime. In New York it is a crime. In fact, it is felony grand larceny. N.Y. Pen. Law § 155.30. If you are convicted you may end up in prison. Therefore, if you have been arrested for pickpocketing, take it seriously as the consequences can be quite severe. Contact a Suffolk County Grand Larceny from the Person Lawyer who will explain to you your legal options and defend you throughout the criminal process.

Larceny is a legal term for stealing that means taking property from its owner with the intent of permanently depriving that person of the property. N.Y. Pen. Law § 155.05. Property refers to practically anything of value, such as money, a wallet, a handbag or other personal property. A larceny charge can be either petit larceny, a misdemeanor, or grand larceny, a felony. Petit larceny is the charge that is reserved for only minor types of theft, such as when the value of the property is less than $1,000. It is the typically the charge for shoplifting. Grand larceny is applied to more serious types of thefts, such as when the value of the property taken is over $1,000.

However, the New York legislature determined that when you steal directly from someone's person, the crime is not minor such that it is petit larceny. This is the case even if you take a couple of dollars from the victim's pocket. One reason that the law feels that pickpocketing is so serious is the personal contact that is involved. There is a greater possibility of that the pickpocketing incident will escalate into a violent episode resulting in injury. For that reason larceny that involves theft from the person will result a minimum in a charge of grand larceny in the fourth degree, a Class E felony. N.Y. Pen. Law § 155.30. If convicted you may be sent to state prison for up to 4 years. However, if the property that you take ends up being quite valuable, you face will be raised to grand larceny in the third or second degree, with penalties of more and more time in prison. It does not matter that you did not know the value of the items that you grabbed.

Grand larceny in the fourth degree does not only refer to taking something from another person's pocket. It can also refer to grabbing someone's handbag, purse, backpack or briefcase. In addition, in order to face a fourth degree larceny charge the victim does not have to be immediately aware of the crime. In fact, most pickpocket victims do not know that something has been taken from them until well after the crime took place.

Sentence for Grand Larceny from the Person

As a felony, if you are convicted of grand larceny from the person, you may be sent to prison for up to 4 years. You will also be required to pay restitution to your victim. While you may not receive the maximum sentence, if you have a criminal record with a felony, you will be sentenced to some time in prison. On the other hand, if you are a first time offender, the judge is not required to send you to prison. You may receive a sentence that includes only probation.

Probation is a much more attractive penalty than prison. However, probation is not without many restrictions. Upon being placed on probation, you will be given a number of conditions to which you must agree. The conditions may include:

  • You cannot leave New York without permission
  • You must regularly report to your probation officer
  • You must adhere to a curfew
  • You must have a job
  • You must support your family
  • You must refrain from excess use of alcohol
  • You must not possess or use illegal drugs
  • You must refrain from going to disreputable places, including places where drugs are sold
  • You must stay away from other felons
  • You must stay away from people who are involved in criminal activity

Should you violate any of the conditions of your probation, a judge has the authority to revoke your probation and send you to prison.

A conviction for pickpocketing or any other type of theft from the person could land you in prison or subject you to the strict rules of probation for 5 years. Furthermore, if convicted you will end up with a criminal record. Because your future is at stake, it is vital to seek guidance from someone with experience. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with various theft crimes such as grand larceny, pickpocketing, petit larceny, credit card fraud, and possession of stolen property, as well as those who have been charged with other serious crimes such as domestic violence, and drug possession. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.

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