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Last Updated on: 27th July 2023, 06:30 pm
Imagine you’re arrested for allegedly stealing property in New York. To your shock, you’re charged with a felony: Grand Larceny in the Third Degree per New York Penal Code § 155.35. What does this mean and what’s next for your case? This crime is more serious than it sounds. So let’s break down everything you should know about fighting larceny charges in NY.
In New York, Grand Larceny Third Degree applies when a person steals property that is valued over $3,000. The stolen property can be anything from money to vehicles to electronics and more.
Many people assume larceny crimes only apply to pickpocketing or physically taking an item from a store. But it encompasses many forms of theft, including:
– Using false pretenses to obtain property
– Theft by converting money entrusted to you for an unauthorized purpose
So prosecutors can apply this charge very broadly. The key is that valuable property was taken with criminal intent by deceptive means. It’s then elevated to a third-degree grand larceny based on the value exceeding $3,000.
Like all felony charges, being convicted of Grand Larceny Third Degree brings severe consequences. The penalties under NY law include:
– Up to 7 years in state prison
– Fines up to double the amount stolen
– Probation for up to 5 years
– Restitution to the victim
With up to 7 years of incarceration on the line, these are very serious stakes. Even lower-level felony charges can destroy your finances, reputation, and livelihood. So fighting larceny allegations becomes extremely important.
An experienced criminal defense attorney can advise if you may be eligible for a reduced plea bargain, alternative sentencing, or pretrial diversion programs. This helps limit penalties and avoid a devastating felony criminal record.
To convict you of NY Penal Code § 155.35, prosecutors must establish these key elements beyond a reasonable doubt:
– You wrongfully took, obtained, or withheld property from its owner
– You did so with the intent to deprive the owner of that property or use it for your own benefit
– The value of the property exceeded $3,000
– You acted intentionally, not just negligently or recklessly
The prosecution may use documents, security footage, witness testimony, confessions, and other evidence to argue these elements were met. But an adept criminal defense lawyer can closely analyze their evidence for holes, inaccuracies, missing information, hearsay, and constitutional violations.
For example, physical evidence may have broken chain of custody or the alleged stolen property may be worth far less than $3,000. Witness accounts could be hearsay or conflict with other testimony. Any statements you made may have been coerced or given without proper Miranda warnings.
Skilled larceny defense attorneys know how to leverage these vulnerabilities to raise effective challenges against the charges.
Some possible defenses your attorney may use against Penal Code § 155.35 charges include:
– You had lawful permission – For example, a business partner who invested money that you used for the business.
– Lack of criminal intent – You took the property by mistake or had a legitimate claim to it.
– Rightful ownership – You had a good faith belief that the property was yours to take, like taking something from your spouse during a separation.
– Return of property – You returned or offered to return the property promptly.
– False accusations – The alleged victim lied about the theft for ulterior motives.
– Mistaken identity – Someone else took the property without your knowledge.
An attorney may even argue certain flaws in the investigation itself, like mishandling of evidence, biased lineups, or suggestive questioning tactics that led to false confessions. Raising reasonable doubt on just one element can win an acquittal or dismissal.
The stakes are sky-high when facing third-degree grand larceny charges that could land you in prison for years. Never go through this fight alone. The money and freedom you save by hiring a NY larceny defense lawyer is priceless compared to the immense cost of a conviction.
Fully understand the charges against you. Activate your defenses. Challenge the evidence. Negotiate for lesser penalties. And tell your side of the story. Only a seasoned criminal defense law firm has the experience to navigate all this effectively and protect your future.
Don’t become another statistic ruined by New York’s tough grand larceny laws. With smart legal representation, you can avoid the worst-case outcome and move on with your life. So when you need counsel you can trust – call me today.
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