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NYC Theft and Larceny Lawyers

By Spodek Law Group | November 11, 2016

A simple committal of theft is also known as larceny in most states. It’s the unlawful taking of the property of another person. It could be something as simple as a purse or something as large as a car. There are various degrees of theft that need to be considered when it comes to charges and the punishments that are associated with the crime. One charge could be misdemeanor shoplifting while another could be grand theft auto. The shoplifting charge could result in fines and probation while stealing a car would result in jail time in most states. Each level of theft has the same overall element involved. The crime is taking someone else’s belongings without their permission.

There are variations of where the crime was committed as to the charges that are filed. If the crime takes place in a mall or retail store, then it’s considered shoplifting. The value of the items taken is also taken into consideration. Petty theft would be for something small and inexpensive while grand theft is reserved for items that have a significant price tag, such as a car.

Identity theft has made its way around in recent years, especially since so many people are paying for things online and posting personal information on social media sites. Identity theft is taking the name, address and other personal information of someone and using it to get credit cards, make purchases or even steal money from a bank account. The victim’s credit score can easily get damaged and the bank account drained without the person knowing about it as it’s an easy crime to commit in only a short period of time. In most states, identity theft is considered a federal crime. You could go to jail for long periods of time and pay hefty fines associated with paying back the money that was taken as well as money for compensation to the person who had the identity stolen.

Robbery is another kind of theft. Robbery involves using any kind of violence or the threat of violence in order to take someone’s possessions. It could be in a home or a business. If a weapon is used, then it’s considered armed robbery, which carries a higher degree of punishment. At times, assault charges might come into play as well, especially if the person decides to hit the victim while committing the crime.

Fraud is a type of theft that involves deceit. You would get someone to give you property under false pretenses. It wouldn’t involve simply taking the item or using any kind of force to take the item. The person would think that you are going to pay for it, but in reality, you wouldn’t give any money for the item or services that have been taken. Fraud is often considered a white collar crime as there usually isn’t any kind of violence involved. It often takes place in businesses. Someone could embezzle money, which is using money that is meant for another purpose while it’s in your care. Fraud is a crime that can result in the loss of a lot of money in a short time. It’s often hard to track until someone takes a large amount and is sometimes out of the state or the country before anyone realizes what has happened.

An attorney can help you with any theft charges that you might have. The attorney would look at the situation involved the theft and whether it was a simple crime or one involving a serious offense. There are times when the attorney might be able to enter a plea deal so that you’re on probation instead of going to jail, but if you are found guilty, then fines will likely be required.

What’s larcency

The term “larceny” refers to a type of theft crime. In fact, each theft crime starts with the legal definition of larceny. Larceny is the taking of another’s person property without their consent and with the intent to permanently deprive them. To permanently deprive a victim of their property means to never return it to them. It doesn’t matter if the person keeps the property or gives it to someone else.

New York’s Definition of Larceny is Theft with the Intent to Permanently Deprive

In New York, a person is guilty of larceny when they steal property and permanently deprive the individual of their property. Larceny includes obtaining, withholding and wrongful taking of property. For instance, a person obtains stolen property from another individual. They don’t return the property to the victim, they could be charged with larceny.

The state separates the severity of a larceny charge depending on the value of the property stolen. Possible larceny charges in New York are:

• Petit larceny
• Grand larceny in the fourth degree
• Grand larceny in the third degree
• Grand larceny in the second degree
• Grand larceny in the first degree

Have you been arrested for petite larceny? Contact an attorney immediately for help.

Aggravated grand larceny of an Automatic Teller Machine, or ATM

Petit Larceny is a Misdemeanor
Petit larceny is taking stolen property without consent of the owner and with the intent to permanently deprive the owner of their property. The stolen property is valued at less than $10,000. If convicted, a person may be sentenced to a Class A misdemeanor. The sentence includes:

• Up to a year in county jail
• Three years of probation; or
• A split sentence of two to three years of probation and 90 days in county jail

Grand Larceny in the Fourth Degree is a Class E Felony

Grand larceny involves taking property with the value ranging from $1,001 to $3,000. The person takes the property with the intent to permanently deprive the owner and without consent. The property could be a credit card, car or motorcycle.

The person takes the property directly from the victim. Extortion, or blackmailing a victim for something of value, could lead to grand larceny in the fourth degree. The punishment for a Class E felony is about four years in prison.

Grand Larceny in the Third Degree is a Class D Non-Violent Felony

A grand larceny crime involves taking property belonging to another individual with the intent to permanently deprive. The amount of the property is valued at $3,000 to $50,000. A person may also be charged with this third degree crime when accused of taking an ATM or contents in the machine. The punishment is seven years in prison.

Grand Larceny in the Second Degree is a Class C Felony

The second degree charge of larceny involves taking property valued at $50,001 to one million dollars. A person could be charged with grand larceny in the second degree if they take property from a victim by extortion. If the property is obtained by causing fear in the victim that will have their property damaged or sustain bodily harm, the property’s value doesn’t matter. For instance, the value of the property could be $1, but the act of extortion was used. Thus, the person is charged with this crime. The punishment is 15 years in prison.

Contact a criminal attorney if you or a loved one is accused of larceny. We’ll help you.

Grand Larceny is a Class B Felony
Grand larceny involves taking property valued at more than one million dollars. The person takes the property belonging to another individual with the intent to permanently deprive the owner of their property. The punishment for this crime is 25 years in prison.

Aggravated Grand Larceny of an ATM is a Class C Felony

Aggravated grand larceny depends if a person was convicted of stealing from an ATM within five years. If they were convicted of grand larceny in the third degree, they penalty for their second or subsequent conviction is 15 years in prison.

Contact an Attorney if Charged with Larceny in New York

Larceny is an extremely serious charge. Contact a criminal attorney immediately for legal representation. You want to protect your legal rights.

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