New York Penal Code 155.40: Grand larceny in the second degree

New York Penal Code 155.40: Grand larceny in the second degree

What Is Grand Larceny In The Second Degree?
There are a few elements that the prosecution will look for when it comes to charging someone with grand larceny in the second degree. One is that the person steals property that has a value of $50,000 or greater. The second is that the property is taken by placing fear in the mind of the victim and making the victim think that harm will come to that person if the items are not taken. Another element that goes with this is that the defendant or another person who is involved could come back at a later time to harm the victim or that damage could be done to the property. This charge can also be sought for those who are a public servant and abuse that power by taking part in actions that are abusive to the designated duties or by refusing to perform the duties that are designated while on duty.

This is a class C felony. If the defendant is convicted, the punishment isn’t as severe as a first-degree charge, but there is the possibility of going to jail or prison for several years and paying fines in excess of hundreds of dollars. There is a possibility that the defendant would receive probation if there is no criminal background. When the prosecution talks about property as it relates to the grand larceny charge, it could be anything from money to jewelry. It could also be computer programs or a car. The value of the property that is taken by the defendant can’t be over $50,000 in order for a second-degree charge to stick. If the amount is over that threshold, then first-degree comes into play. Evidence of any kind of debt from a contract that has been made by two or more people can also be considered grand larceny. This is because services or property is promised to be received and the money given but the work never done. Anything that is of value that can be taken, whether it’s a physical item that can be held or something that can be used, can be included in the evidence for determining grand larceny.

Examples
A worker and a customer enter into a contract to have work done in the yard of the customer’s home. They agree to a set price with the amount being paid up front. The worker gets the money and doesn’t come back to the home to do the work. This is considered grand larceny in the second degree as the amount is under the $50,000 mark and there is a contract in place.

When someone breaks into a home and threatens the people who are in the home with a weapon of any kind or with physical force before taking items from the home, the defendant can be charged with grand larceny. Items taken will be reviewed to see that they are under the $50,000 limit. Another example would be embezzling money from an office as long as that amount is under that which is set forth by the state.

Defenses Used
NYC criminal lawyers have a few defenses that can be used for the defendant. One is that the defendant was forced to take the property. Another is that the items were of no significant value, which could result in a larceny charge of a lesser degree.

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