In New York, N.Y. Pen. Law § 155.35 defines grand larceny in the third degree as a crime where the suspect has either stolen property valued at more than $3,000 or stolen the contents of an automated teller machine (ATM) or the ATM itself, regardless of the actual value of the material that was stolen.
Determining the Type of Larceny
Larceny is the crime of taking another person’s property. This property can be money, personal property, electricity, personal data, or any other item that can have a value attached to it. The value of the stolen property is one of two factors that will determine the type of crime the suspect will be charged with.
In New York, so long as the property stolen is valued at $1,000 or less, then the charge will be a misdemeanor known as petit larceny, covered under N.Y. Pen. Law § 155.25. If the value is over $1,000, then the charge will be one of felony grand larceny. Grand larceny in the third degree encompasses property values between $3,000 and $50,000.
For this reason, accurately determining the value of the stolen property can be a vital part of any criminal defense strategy. For the purposes of determining the charges faced by the defendant, the property is valued at either its current market value when it was stolen, or if no such value can be established, the cost of its replacement. A skilled NYC criminal attorney will work to ensure that the property value assigned by the court is as low as possible, as this can potentially reduce the charges faced by the defendant.
However, some categories of property will automatically increase the severity of the charge to grand larceny, even if the monetary value of the stolen property is under $1,000. The types of larceny that are automatically treated as a felony include the following:
● Public records,
● Debit or credit cards,
● Firearms of any type,
● Vehicles valued over $100,
● Property removed from an individual,
● Property used to steal a telephone service,
● Confidential scientific material,
● Stealing the type of ammonia used for methamphetamine production,
● Some types of religious documents, or
● The property was obtained via extortion.
Penalties for Larceny in the Third Degree
Grand larceny in the third degree is considered a Class D felony and can result in the suspect being sentenced to up to 7 years in prison. However, the actual sentence handed down by the court can vary, depending on the value and type of property stolen, the individual’s previous criminal record and the personal decision of the judge. A first time offense has no mandated minimum sentence, so it is possible that a first time offender may face probation rather than any prison time. In many cases, the defendant’s attorney will be able to introduce evidence that can be used to justify a shorter sentence, especially for a first offense. However, individuals who have been convicted of a felony within the last 10 years will face a mandatory minimum sentence that will range from 2-4 years in prison.
It is vitally important that if you or a family member have been charged with grand larceny in the third degree, that you immediately contact a skilled criminal defense attorney. At the Spodek Law Group, we can provide you with the legal assistance you will require in order to effectively defend yourself against the charges you face. Our staff is experienced in all aspects of criminal law and is ideally suited to help you secure the legal protection you deserve. You can contact us for a free legal consultation at 888-247-9981, where we will discuss how best to handle your specific legal situation.