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Last Updated on: 27th May 2023, 12:18 pm
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.
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.
Theft comes in many forms and levels of severity, from simply stealing someone’s possessions to defrauding them under false pretenses. The legal consequences of theft can be quite severe, possibly resulting in fines and jail time. In this article, we will delve into the various types of theft and their potential consequences, as well as tips for seeking legal help if you find yourself facing theft charges.
Larceny: The most basic form of theft, larceny occurs when a person unlawfully takes another person’s property without their permission. The stolen items can be as small as a purse or as complex as a car. Depending on the item’s value and the circumstances surrounding the crime, larceny charges can range from misdemeanor shoplifting to grand theft auto.
Shoplifting: This occurs when the crime takes place in a mall or retail store. The value of the stolen items determines whether the charge is treated as petty theft or grand theft.
Identity Theft: Identity theft involves taking someone’s personal information, such as their name, address, or bank account details, to fraudulently obtain credit cards, make unauthorized purchases, or even steal money from their bank account. This can be a federal crime in most states and carries a hefty punishment including possible jail time and fines.
Robbery: Robbery involves using violence or the threat of violence in order to take someone’s possessions, either in a home or a business. If a weapon is used, it becomes armed robbery, which carries a higher degree of punishment. Additionally, assault charges may arise if the perpetrator hits the victim while committing the crime.
Fraud: Fraud is a type of theft that involves deceit, such as obtaining property or services under false pretenses without any intention of paying for them. Often considered a white-collar crime, fraud takes place in businesses and involves crimes such as embezzlement. This type of theft can result in significant financial losses and may be difficult to track.
If you are faced with theft charges, an attorney can provide valuable assistance in understanding the legal complexities and crafting a defense strategy. They can analyze the details surrounding the alleged theft and determine whether it constitutes a minor offense or a more serious crime. In some cases, your attorney may be able to negotiate a plea deal that results in probation rather than jail time. However, if a conviction is unavoidable, fines and other financial penalties may still apply.
In many states, the term “larceny” is synonymous with theft. Larceny is characterized by the unauthorized taking of another person’s property with the intent to permanently deprive them of it. The consequences of larceny charges depend on the specific circumstances, including the stolen property’s value and the state in which the crime occurs.
In New York, a person is guilty of larceny if they steal and permanently deprive the owner of their property. This includes obtaining, withholding, and wrongful taking. The state distinguishes between larceny charges based on the value of the stolen property, resulting in the following potential charges:
Grand larceny in the fourth degree
Grand larceny in the third degree
Grand larceny in the second degree
Grand larceny in the first degree
Petit larceny is the least severe charge, involving the theft of property valued at less than $1,000, and is considered a Class A misdemeanor. More severe grand larceny charges are classified in ascending degrees according to the value of the stolen property and the circumstances of the crime. These charges range from Class E felonies for grand larceny in the fourth degree, punishable by up to four years in prison, to Class B felonies for grand larceny in the first degree, punishable by up to 25 years in prison.
If a person has been previously convicted of stealing from an ATM within the prior five years and is charged with grand larceny in the third degree for subsequent ATM thefts, the penalty is increased to a Class C felony, with a possible prison sentence of 15 years.
Facing larceny or any other theft charges is an incredibly serious matter, with the potential for devastating and life-altering legal repercussions. If you find yourself in such a situation, it is essential to contact a knowledgeable and compassionate criminal attorney immediately to protect your legal rights and help you navigate the complex legal system.
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