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New York Penal Code 155.43: Aggravated Grand Larceny of an Automated Teller Machine

All across the country larceny has been a growing problem. New York is no exception. In 2010, New York state legislature enacted new laws that made stealing an automated teller machine (ATM) or the contents from an ATM a greater crime. New York penal code 155.43 addresses aggravated grand larceny of an ATM. To understand what this charge involves, you need to understand the terms and how stealing from an ATM is different from other forms of larceny.

Most forms of larceny are dependent on the monetary value of the item stolen. The greater the cost, the greater the crime and more serious the consequences. Larceny itself is just another word for stealing, or the intent to deprive a person of the ability to have or use their property. Grand larceny is when the monetary value exceeds $1,000. There are 4 different levels of grand larceny depending on the value of the property in question. Aggravated grand larceny is when the crime of grand larceny has been committed 2 or more times in a 5 year period.

New York Penal Code 155.43 Broken Down
New York Penal Code 155.43 applies when a person is caught stealing an ATM or from an ATM twice in a five year period. This elevates the charge from grand larceny to aggravated grand larceny. This is considered a class “C” felony and the consequences are elevated up to 15 years in state prison.

Stealing from an ATM is considered particularly serious. Stealing the machine itself is considered a class “D” felony regardless of the value of the machine. Add on the value of the contents and the fact that this is a repeat crime within a 5 year period, and the consequences can be very severe.

Examples of Aggravated Grand Larceny of an ATM
In addition to the obvious example of taking physical possession of an ATM machine, there are other ways someone can be charged with aggravated grand larceny of an ATM. Using a stolen ATM card to withdraw money from the machine is considered grand larceny of an ATM. For example, if someone stole a debit card and used it to withdraw money from the ATM, that would be a violation of Penal Code 155.43 if this was the second time in 5 years that person stole from an ATM (or it was his second grand larceny charge).

Possible Defenses
If you have been charged with aggravated grand larceny of an ATM, there are several ways a strong defense attorney can defend you against the charges. For example, if a girl has been able to use her boyfriend’s ATM card in the past without an issue, that may be a defense. Other defenses could include deviations from standard law enforcement procedures during the arrest itself. Intent is another important element of a crime. If someone truly thought they had a right or permission to take the debit card and use it at the ATM, then that could be a “good faith” defense against the grand larceny charge.

Violating New York Penal Code 155.43 is a very serious offense and potentially carries severe consequences. It is vitally important to contact a New York criminal attorney as soon as possible to review your case and look at all the legal options for a defense. With a good experienced legal team behind you, the charges could be reduced, the sentence could be lighter, or the case could possibly be dropped altogether.

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