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May 2, 2017

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.

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Phone

888-977-6335

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