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Feb 22, 2017

What’s larcency

The term “larceny” refers to a type of theft crime. In fact, each theft crime starts with the legal definition of larceny. Larceny is the taking of another’s person property without their consent and with the intent to permanently deprive them. To permanently deprive a victim of their property means to never return it to them. It doesn’t matter if the person keeps the property or gives it to someone else.

New York’s Definition of Larceny is Theft with the Intent to Permanently Deprive

In New York, a person is guilty of larceny when they steal property and permanently deprive the individual of their property. Larceny includes obtaining, withholding and wrongful taking of property. For instance, a person obtains stolen property from another individual. They don’t return the property to the victim, they could be charged with larceny.

The state separates the severity of a larceny charge depending on the value of the property stolen. Possible larceny charges in New York are:

• Petit larceny
• Grand larceny in the fourth degree
• Grand larceny in the third degree
• Grand larceny in the second degree
• Grand larceny in the first degree

Have you been arrested for petite larceny? Contact an attorney immediately for help.

Aggravated grand larceny of an Automatic Teller Machine, or ATM

Petit Larceny is a Misdemeanor
Petit larceny is taking stolen property without consent of the owner and with the intent to permanently deprive the owner of their property. The stolen property is valued at less than $10,000. If convicted, a person may be sentenced to a Class A misdemeanor. The sentence includes:

• Up to a year in county jail
• Three years of probation; or
• A split sentence of two to three years of probation and 90 days in county jail

Grand Larceny in the Fourth Degree is a Class E Felony

Grand larceny involves taking property with the value ranging from $1,001 to $3,000. The person takes the property with the intent to permanently deprive the owner and without consent. The property could be a credit card, car or motorcycle.

The person takes the property directly from the victim. Extortion, or blackmailing a victim for something of value, could lead to grand larceny in the fourth degree. The punishment for a Class E felony is about four years in prison.

Grand Larceny in the Third Degree is a Class D Non-Violent Felony

A grand larceny crime involves taking property belonging to another individual with the intent to permanently deprive. The amount of the property is valued at $3,000 to $50,000. A person may also be charged with this third degree crime when accused of taking an ATM or contents in the machine. The punishment is seven years in prison.

Grand Larceny in the Second Degree is a Class C Felony

The second degree charge of larceny involves taking property valued at $50,001 to one million dollars. A person could be charged with grand larceny in the second degree if they take property from a victim by extortion. If the property is obtained by causing fear in the victim that will have their property damaged or sustain bodily harm, the property’s value doesn’t matter. For instance, the value of the property could be $1, but the act of extortion was used. Thus, the person is charged with this crime. The punishment is 15 years in prison.

Contact a criminal attorney if you or a loved one is accused of larceny. We’ll help you.

Grand Larceny is a Class B Felony
Grand larceny involves taking property valued at more than one million dollars. The person takes the property belonging to another individual with the intent to permanently deprive the owner of their property. The punishment for this crime is 25 years in prison.

Aggravated Grand Larceny of an ATM is a Class C Felony

Aggravated grand larceny depends if a person was convicted of stealing from an ATM within five years. If they were convicted of grand larceny in the third degree, they penalty for their second or subsequent conviction is 15 years in prison.

Contact an Attorney if Charged with Larceny in New York

Larceny is an extremely serious charge. Contact a criminal attorney immediately for legal representation. You want to protect your legal rights.

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