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Larceny is another word for theft. In other words, larceny means taking the property of someone else without that person’s permission.
What Must Be Proven in a Grand Larceny Case
If you are being charged with grand larceny charges, there are four main elements that must be proven in order for the state to obtain a conviction against you. First, you must have attempted or successfully committed the unlawful taking and carrying away of property or money.
Second, the unlawful property or money that the convicted person took and carried away will have been someone else’s property. Third, the property that the convicted individual took or attempted to take wil have been taken or attempted to be taken without the consent of the owner of the property or money. Finally, the attempt or successful taking of the property or money must have been with the intent to permanently deprive the owner of that money or property.
Degrees of Grand Larceny in New York
In the state of New York, grand larceny and larceny in general are considered white-collar crimes. Every state treats larceny differently, and many states divide the crime up and make certain distinctions between the degrees of theft. There are four degrees of grand larceny in the state of New York.
1. NY penal law Section 155.42: Grand Larceny in the First Degree
Grand larceny in the first degree in New York means stealing property that has a value exceeding $1 million. In the state of New York, grand larceny in the first degree is considered a B class felony, and it can be punishable up to 25 years in prison.
2. NY Penal Law Section 155.40 (1): Grand Larceny in the Second Degree
Grand larceny in the second degree in New York means stealing property that has a value exceeding $50,000. In the state of New York, grand larceny in the second degree is considered a C class felony, and it can be punishable up to 15 years in prison
3. NY Penal Law Section 155.35: Grand Larceny in the Third Degree
Grand larceny in the third degree in New York means stealing property that has a value exceeding $3000. In the state of New York, grand larceny in the third degree is considered a D class felony, and it can be punishable up to seven years in prison.
4. NY Penal Law Section 155.30 (1): Grand Larceny in the Fourth Degree
Finally, grand larceny in the fourth degree in New York means stealing property that has a value exceeding $1000. In the state of New York, grand larceny in the fourth degree is considered an E class a felony, and it is punishable up to four years in prison.
How Attempted Crimes Differ
It’s important to note that attempted crimes are considered differently than successful crimes. One degree of charge is dropped when the crime is only an attempt.
For example, if you were convicted of successfully stealing $5000, you would be convicted of grand larceny in the third degree. On the other hand, if you only attempted to steal $5000, you would only be conducted of grand larceny in the fourth degree because one level of charge would have been dropped.
A Trusted Lawyer Can Help
If you are facing charges of grand larceny, a reputable lawyer can help you. This is true no matter how much you are convicted with taking or what the circumstances were.
It’s not sure that a criminal defense firm or criminal defense lawyer can guarantee a specific outcome for you, but with that being said, there are numerous criminal defense attorneys that have obtained great results for accused clients. Talk to a lawyer today to look at your options.
Petit larceny is a type of theft. In the eyes of the government, theft includes the taking and carrying away of someone’s personal property without the permission of that person or party. In simpler terms, law professionals define theft as the “unauthorized taking of property” from another. In addition, theft means taking the property with the intent of permanently depriving the person or party of it.
About Petit Larceny
There are two main types of theft: petty theft and grand theft. Petty theft is also known as petit larceny. Petty or petit thefts include stealing property that is of a lesser value. Grand theft or grand larceny deals with theft that is over $1000 and can be up to hundreds of millions of dollars or more. Because petty larceny is less egregious than grand larceny, these petit larceny crimes are known as misdemeanors or relatively minor crimes in general.
How to Handle Petit Larceny Charges
It is undoubtedly difficult to handle petit larceny charges, and you may be at a loss as to what to do if you have been charged with petit larceny. Fortunately, there are a number of options when dealing with this situation, but most importantly, you’ll need to speak to a reputable attorney in your state. There are numerous legal defenses that may apply in your petit larceny case, and this is true even if there are facts that support the petit larceny claim that the prosecution is touting.
Defenses Against Theft Cases
As stated, there are numerous defenses for petit larceny cases. One such defense is the claim of ownership or right of the property. This defense basically states that the person being accused of theft thought the property was their own. This may seem like a basic claim that could easily be made and done with, but it’s not so simple. Naturally, if you are the defendant in this situation, you’ll need to adequately prove that you thought the property you took was your own, and this can be more difficult than it seems, which is why having an able attorney on your side is important.
Another defense for a theft charge is the intent to return stolen property or the act of actually returning the stolen property. Actually returning stolen property will not dismantle any charges against you. It’s not that simple. However, it may paint you as a more sympathetic character in your case, which could bring about less harsh charges. Furthermore, if you can prove that you only took the property with the intent to return it and essentially only wanted to borrow the property, your charges may be reduced because of this. Again, this can be difficult to prove and negotiate in court, which is why it is essential to hire a professional attorney to act on your behalf.
Using the defense of entrapment is another way to defend a theft case. If someone induced you into taking property with the ultimate intent of charging you with theft, this is known as entrapment. Once again, you’ll need the help of an experienced attorney to support this claim.
Contact a Lawyer for More Help
If you have recently been charged with a petty larceny case in the state of New York, you should get in touch with a reputable lawyer as soon as possible. Because all states handle these situations differently, it is important to talk to a lawyer in the same state where the incident occurred.
Spodek Law Group has some of the best criminal attorneys in the state of New York, and they would be glad to provide you with a free consultation on your current situation with petit larceny. Contact them today to learn more about your options.
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