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New York Penal Code 155 35 Grand Larceny Third Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: October 15, 2023)

Last Updated on: 15th October 2023, 01:13 pm

New York Penal Code 155.35: Grand Larceny Third Degree

New York Penal Code 155.35, also known as Grand Larceny Third Degree, is a felony theft charge in New York that carries serious penalties. This article will provide an overview of the law, typical cases, defenses, and consequences of a conviction.

What is Grand Larceny Third Degree?

Grand Larceny Third Degree is defined in New York Penal Code 155.35 as stealing property that exceeds $3,000 in value, but is less than $50,000. It is a Class D felony, which is mid-level on the scale of larceny crimes in New York.

To be convicted of Grand Larceny Third Degree, the prosecution must prove beyond a reasonable doubt that:

  • The defendant stole property from an owner
  • The value of the property exceeded $3,000
  • The defendant intended to deprive the owner of the property or benefit from it

Typical Grand Larceny Third Degree Cases

Some common scenarios that lead to Grand Larceny Third Degree charges include:

  • Embezzlement: An employee steals from an employer, such as making unauthorized transactions on a company credit card or stealing cash. Even if the amount is under $3,000, multiple thefts over time can add up to a felony charge.
  • Identity theft: Using someone else’s personal information to make unauthorized charges on their credit card or steal from their bank account.
  • Shoplifting: Walking out of a store with merchandise exceeding $3,000 in value, such as expensive clothes, jewelry, electronics, etc.
  • Art theft: Stealing artwork, antiques, or other valuables from a home, business, museum or other location.
  • Contractor fraud: Accepting large payments for home renovations or other contracted work, but not completing the job.

Defenses to Grand Larceny Third Degree

Some potential defenses to Grand Larceny Third Degree charges include:

  • Lack of intent: The prosecution cannot prove you intended to steal the property or permanently deprive the owner of it. For example, you borrowed a friend’s car without permission, but intended to return it.
  • No ownership: The property did not actually belong to the alleged victim, so you did not steal it from an owner.
  • Value dispute: You can argue the market value of the property was less than $3,000, so the charge should be a lesser larceny.
  • False accusations: The alleged victim is falsely accusing you of theft for ulterior motives like revenge or covering up their own crimes.
  • Mistaken identity: You can show you were misidentified and were not actually the person who committed the theft.

Penalties for Grand Larceny Third Degree

Grand Larceny Third Degree is a Class D felony punishable by:

  • Up to 2 1/3 to 7 years in state prison for first-time offenders
  • Minimum 2-4 years in prison for repeat felony offenders
  • Fines up to double the amount stolen
  • Probation or conditional discharge is possible for first-time offenders

While incarceration is possible even for first offenses, many first-time offenders can avoid prison if they have a skilled New York criminal defense attorney negotiating on their behalf. Alternative sentences may include probation, restitution, community service and rehabilitation programs.

Collateral Consequences

Beyond direct court penalties, a Grand Larceny Third Degree conviction can damage your life in many ways:

  • Employment: Many employers will not hire someone with a larceny conviction, especially for jobs involving financial responsibility. Certain professional licenses can be revoked.
  • Immigration: Non-citizens charged with Grand Larceny Third Degree may face deportation if convicted.
  • Housing: Public housing and private landlords may deny housing applications for felony convictions.
  • Student loans: Eligibility for federal student aid can be revoked with drug convictions.
  • Gun ownership: Felons cannot legally own firearms, which is a lifetime ban for state convictions.
  • Voting: Felony convictions in New York result in losing voting rights while incarcerated and on parole.
  • Reputation: Pleading guilty or being convicted of a felony larceny charge causes significant personal, professional and social stigma.

If you are facing Grand Larceny Third Degree charges, it is critical to retain an experienced New York criminal defense lawyer as early in the process as possible. An attorney can evaluate the evidence against you, develop defenses that apply to your case, negotiate with the prosecution for reduced charges or dismissal, and fight for the best possible outcome at trial if necessary. Don’t leave your future to chance – get legal help now.

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