Last Updated on: 15th October 2023, 01:18 pm

New York Penal Code Section 155.30: Grand Larceny Fourth Degree

New York Penal Code Section 155.30 defines the crime of Grand Larceny in the Fourth Degree. This section makes it a felony to steal property valued over $1,000 but not more than $3,000. While $1,000 may not seem like a lot of money, being convicted of a felony can have serious consequences that can affect a person’s life for years to come. As a New Yorker facing potential theft charges, it’s important to understand exactly what the law says and how courts apply it. This article will break down the key elements of NY Penal Code 155.30 so you can make informed decisions if you find yourself accused of Grand Larceny Fourth Degree.

Overview of Grand Larceny Fourth Degree

Grand Larceny Fourth Degree is a Class E felony under New York law. That means it’s the lowest level felony charge for theft crimes. However, it’s still much more serious than a misdemeanor petit larceny charge.

Here are some key facts about Grand Larceny Fourth Degree:

• Applies to thefts of property valued between $1,000 and $3,000
• Class E felony with up to 4 years in prison
• No mandatory minimum sentence for first time offenders
• Predicate felons face 1.5 to 3 years minimum prison sentence

So while $1,000 may not seem like a lot to steal, if you’re convicted of this felony you could end up spending years behind bars. The potential consequences demonstrate why it’s so important to fight these charges with an experienced criminal defense lawyer on your side.

Elements of Grand Larceny Fourth Degree

For a prosecutor to convict you of Grand Larceny Fourth Degree under NY Penal Code 155.30, they need to prove these elements beyond a reasonable doubt:

1. You Stole Property

First, the prosecutor must show you actually stole property. Theft involves taking someone else’s property without permission, with the intent to permanently deprive them of the property. Shoplifting, pocketing unattended items, or taking property by deception can all qualify as theft.

2. Value Exceeded $1,000

Second, the prosecutor has to show the value of the property exceeded $1,000 at the time you allegedly stole it. This value can include the full retail price of items taken from stores. For used property, courts may consider fair market value.

3. From the Owner

Finally, the prosecutor must show you took the property from its true owner without consent. The owner is the person with a superior right to possess the property over you.

If the prosecutor can’t prove each of these elements beyond a reasonable doubt, then you should be found not guilty of Grand Larceny Fourth Degree. An experienced theft crimes lawyer can pick apart the prosecutor’s case by challenging any weak spots in their evidence.

Penalties for Grand Larceny Fourth Degree

A conviction for Grand Larceny Fourth Degree can lead to very serious penalties that can negatively impact your life for years to come:

• Up to 4 years in state prison – While first time offenders often get probation, you could still end up serving up to 4 years behind bars if convicted of this Class E felony.
• Minimum 1.5 to 3 years prison for predicate felons – If you have a prior felony conviction within the past 10 years, called a predicate offense, the judge must sentence you to at least 1.5 to 3 years in prison if convicted again of Grand Larceny Fourth Degree.
• Fines up to $5,000 – The judge can impose a fine of up to the greater of $5,000 or double the amount of the stolen property’s value.
• Restitution – You will likely have to repay the victim for the full value of the property you allegedly stole.
• Permanent criminal record – Pleading guilty or being convicted of a felony results in a permanent criminal record that can severely limit job, housing, and other life opportunities.
• Immigration consequences – Non-citizens charged with a theft felony can face deportation, visa denial, and other immigration consequences.

With so much at stake, it’s critical to have an experienced New York larceny defense lawyer on your side fighting to get the charges reduced or dismissed. Don’t leave your fate in the hands of an overburdened public defender. A private attorney who specializes in theft crimes may identify defenses and negotiate with the prosecutor for a better outcome in your case.

Common Defenses to Grand Larceny Fourth Degree

Skilled larceny lawyers can raise a variety of defenses to challenge Grand Larceny Fourth Degree charges, such as:

• You had consent or authorization – If the property owner gave you permission to take the property, there was no theft.
• Value didn’t exceed $1,000 – The prosecutor may have trouble proving the fair market value of used property exceeded the $1,000 threshold.
• Lacked intent to steal – If you took property by mistake or absent-mindedness, you didn’t have the required intent to commit theft.
• False accusations – Dishonest store employees, police, or others sometimes falsely accuse innocent people of shoplifting and larceny.
• Unlawful search – If police violated your rights by searching you or your property illegally, evidence found may be excluded.
• Misidentification – Eyewitnesses often make mistakes. If a witness misidentified you, it undermines the prosecutor’s case.
• Intoxication – You can’t form the intent to steal if you were involuntarily intoxicated or too drunk or high to consciously know what you were doing.

An attorney experienced with New York theft crime laws can evaluate the evidence and determine if any of these defenses could get your charges reduced or dismissed. Don’t let a Grand Larceny Fourth Degree charge ruin your life without first speaking to a lawyer.

Finding the Right Lawyer for Your Case

If you or someone you love has been arrested for Grand Larceny Fourth Degree in New York, don’t go through it alone. Get experienced legal help fighting for you. Look for a criminal defense lawyer who:

• Focuses specifically on defending theft, larceny, shoplifting, and robbery charges
• Is intimately familiar with NY theft laws and case law
• Has a proven track record getting charges reduced and dismissed
• Will thoroughly investigate the prosecutor’s evidence and build the strongest defense
• Understands the collateral consequences and works to minimize damage to your life
• Negotiates aggressively with prosecutors to get charges dropped or reduced
• Is prepared to take your case to trial if necessary

A knowledgeable lawyer who dedicates their practice to fighting theft allegations can make all the difference in how your case turns out. Don’t leave your future to chance – get the experienced legal help you deserve.

Conclusion

Being charged with Grand Larceny Fourth Degree is scary. This Class E felony carries up to 4 years in prison and many other damaging consequences. However, an experienced New York theft crimes lawyer can stand up to fight the charges and work to protect your rights, freedom, and future. If you or someone you care about faces allegations of stealing property valued between $1,000 and $3,000, don’t go through it alone. Get the experienced legal help you need to avoid a devastating felony conviction.