New York Penal Code 155.42: Grand larceny in the first degree
Grand larceny is a crime that you can be charged with if you are believed to have committed theft. In the state of New York, the crime is defined as an individual obtaining property that belongs to another person and intends to keep that property away from its rightful owner. There is no difference between taking the property for yourself or if you do so and give it to another person. Grand larceny can be committed in a few different ways, such as by trespassing and taking, embezzlement, extortion, false pretenses, by trickery or in writing a bad check. Under New York’s penal code 155.42, a person can be charged with grand larceny in the first degree by taking property that has a value of greater than $1 million.
Examples of Grand Larceny in the First Degree Under New York Pena Code 155.42
An example of grand larceny under New York Penal Code 155.42 is a man wanting to purchase a new home and finding one he liked that was selling for $3 million. However, he was unable to acquire a mortgage for that house because his income was too low to afford it. The man then forged documents that showed that he had a considerably higher income than what he actually earned. Afterward, he was approved for the mortgage but later defaulted on it because of his inability to pay. Shortly thereafter, the lender came to the realization that the man committed forgery on the documents. In addition to other charges, the man could be charged with grand larceny in the first degree because he fraudulently obtained a mortgage loan that was greater than $1 million.
Another example of grand larceny in the first degree is a person writing a check for more than $1 million for a large purchase or for charitable purposes. If the individual knowingly wrote a check for an amount far larger than they knew they could afford under fraudulent purposes, it could result in a charge for grand larceny in the first degree.
Defenses for Grand Larceny in the First Degree
If you are arrested and charged with grand larceny in the first degree, one of the things the prosecutor must prove is that the value of the property you are accused of taking is worth more than $1 million. However, if your NYC criminal attorney can prove that the value of the property is actually less than that amount, it can work in your favor toward getting the charges reduced. It means you will no longer be charged with grand larceny in the first degree but may face a lesser charge of the crime.
Typical Sentence for Grand Larceny in the First Degree
The charge is grand larceny in the first degree is considered as a class B felony. A person who is convicted of this crime can face a prison sentence of as much as 25 years. It should be noted that if you are charged with grand larceny in the first degree, even if it is your very first offense, you will receive a minimum sentence of one to three years. However, if you have a previous felony conviction on your record, that minimum prison sentence ranges from four and a half to nine years.
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.
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.
Being accused of grand larceny in New York is rather serious. If you are currently facing such a charge, you need a NYC criminal lawyer fight on your side. You have certain rights that need to be protected from the outset, and an attorney is the best person suited to do just that. Your law firm will represent you at every hearing, work to ensure that proper evidence is presented to either prove your innocence or get you a reduced sentence, and to make certain that you receive a fair trial if it comes to that. Your future earning potential and livelihood is at stake, so you will want to make that initial contact with a NYC criminal attorney right away.
What is Grand Larceny in the Fourth Degree
New York penal code 155.30 actually sets out a point by point description detailing what grand larceny in the fourth degree consists of. nyc criminal attorneys will be able to determine which of these factors contributed to your arrest and then make efforts to provide you with the best legal defense possible. The factors leading to a charge of grand larceny in the fourth degree can include any of the following:
The value of the property that you are accused of stealing is valued at more than $1,000
The property that was stolen is a matter of public record
You are accused of stealing secret scientific material
If you are accused of staling credit or debit card related information, a charge of grand larceny in the fourth degree may be levied
Firearm theft falls in this category
If you take property off of a person, you can be charged with this crime
Extortion falls into this category
Any vehicle stolen that is valued over $100
Religious documents that are valued over $100 and contain some expression of faith
Stealing some form of telephone service is also considered to be grand larceny in the fourth degree
Liquefied or anhydrous ammonia that is used to make methamphetamine
Law enforcement officials have a great deal of latitude in lodging the actual charge against an individual, This can be petit larceny, which is a misdemeanor in New York, or it can be grand larceny in the fourth degree. This is a felony. One of the distinguishing factors in determining that actual charge is typically the value of the property that is stolen. In many cases, that value is not exact. This is NYC criminal lawyers will come in and carefully examine the arrest and actual charge that was levied against you.
Defenses for a Charge of Grand Larceny in the Fourth Degree
There are numerous extenuating circumstances that may have resulted in your arrest in the first place. Your lawyer will work to get to the bottom of the charge and determine what can be done for you. In many cases, you might have been unaware of the value of the property that was taken. In other cases, you might have been given permission to borrow the item, only to be charged of theft due to a misunderstanding. There are other cases where the value is grossly over estimated by the victim or law enforcement, resulting in the felony charge of grand larceny in the fourth when in reality a lesser charge of petit larceny should have been issued. Your lawyer will get to the bottom of the situation for you.
If you been arrested for a criminal offense in New York City, contact a lawyer in the area for a consultation as soon as possible.
New York Penal Code 155.30: Grand larceny in the fourth degree
Being accused of grand larceny in New York is rather serious. If you are currently facing such a charge, you need a NYC criminal lawyer fight on your side. You have certain rights that need to be protected from the outset, and an attorney is the best person suited to do just that. Your law firm will represent you at every hearing, work to ensure that proper evidence is presented to either prove your innocence or get you a reduced sentence, and to make certain that you receive a fair trial if it comes to that. Your future earning potential and livelihood is at stake, so you will want to make that initial contact with a NYC criminal attorney right away.
What is Grand Larceny in the Fourth Degree
New York penal code 155.30 actually sets out a point by point description detailing what grand larceny in the fourth degree consists of. nyc criminal attorneys will be able to determine which of these factors contributed to your arrest and then make efforts to provide you with the best legal defense possible. The factors leading to a charge of grand larceny in the fourth degree can include any of the following:
The value of the property that you are accused of stealing is valued at more than $1,000
The property that was stolen is a matter of public record
You are accused of stealing secret scientific material
If you are accused of staling credit or debit card related information, a charge of grand larceny in the fourth degree may be levied
Firearm theft falls in this category
If you take property off of a person, you can be charged with this crime
Extortion falls into this category
Any vehicle stolen that is valued over $100
Religious documents that are valued over $100 and contain some expression of faith
Stealing some form of telephone service is also considered to be grand larceny in the fourth degree
Liquefied or anhydrous ammonia that is used to make methamphetamine
Law enforcement officials have a great deal of latitude in lodging the actual charge against an individual, This can be petit larceny, which is a misdemeanor in New York, or it can be grand larceny in the fourth degree. This is a felony. One of the distinguishing factors in determining that actual charge is typically the value of the property that is stolen. In many cases, that value is not exact. This is NYC criminal lawyers will come in and carefully examine the arrest and actual charge that was levied against you.
Defenses for a Charge of Grand Larceny in the Fourth Degree
There are numerous extenuating circumstances that may have resulted in your arrest in the first place. Your lawyer will work to get to the bottom of the charge and determine what can be done for you. In many cases, you might have been unaware of the value of the property that was taken. In other cases, you might have been given permission to borrow the item, only to be charged of theft due to a misunderstanding. There are other cases where the value is grossly over estimated by the victim or law enforcement, resulting in the felony charge of grand larceny in the fourth when in reality a lesser charge of petit larceny should have been issued. Your lawyer will get to the bottom of the situation for you.
If you been arrested for a criminal offense in New York City, contact a lawyer in the area for a consultation as soon as possible.