New York Aggravated Grand Larceny of an Automatic Teller Machine

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Under N.Y. Pen. Law § 155.43, you have committed grand larceny of any automated teller machine if you

  • Commit grand larceny in the third degree and
  • You have already been convicted of grand larceny in the third degree in the last 5 years.

Grand larceny is one of two general types of larceny. Larceny is defined by the New York Penal Code as taking, obtaining, or withholding property that is owned by another person. Simply put, larceny is stealing. N.Y. Pen. Law § 155.05. Petit larceny involves stealing property with a value of $1,000 or less. It is a misdemeanor with a possible punishment of up to 1 year in jail. Grand larceny, on the other hand, is a felony and involves stealing property that has a value of more than $1,000. It is also the theft charge that applies to cases where the circumstances of the theft raise the level of seriousness from the misdemeanor level to the felony level. In cases where the theft involves stealing an automated teller machine (ATM) or the contents of an ATM, regardless of the value of the property stolen, the charge will at a minimum be grand larceny in the third degree, a Class D felony. N.Y. Pen. Law § 155.35. If you are convicted of grand larceny in the third degree and then within 5 years commit this crime again by stealing an ATM or from an ATM, the charge will not be grand larceny in the third degree. It will be the more serious charge of aggravated grand larceny of an automated teller machine, a Class C felony. This means that you will face up to 15 years in prison. And, because being charged with aggravated grand larceny of an automated teller machine means that you already have a prior felony record, you will not have the benefit of first-time offender status. You will be required to serve at least 3 years in prison, and there will not be the possibility of being sentenced to just probation or a few months in jail.

If you are convicted of any grand larceny charge, you could face years in prison. Grand larceny in the fourth degree involves stealing property valued at over $1,000 and is a Class E felony, with a possible sentence of up to 4 years in prison. Grand larceny in the third degree involves stealing property valued at over $3,000 and is a Class D felony, with a possible sentence of up to 7 years in prison. Both grand larceny in the second degree and aggravated grand larceny of an automated teller machine are Class C felonies. The most serious grand larceny charge is grand larceny in the first degree and involves stealing property valued at over $1 million. It is a Class B felony with a possible sentence of up to 25 years in prison.

If you face a charge of aggravated grand larceny of an automated teller machine or grand larceny in the third degree based on stealing an ATM or the contents of an ATM, you will likely face additional charges. You could be charged with possession of stolen property. N.Y. Pen. Law § 165. If you are using another person's credit or debit card to commit the theft from the ATM machine, you may be charged with credit card fraud. Because these crimes are also felonies, if convicted of all such charges, you will end up spending a substantial amount of time in prison.

If you are convicted of aggravated grand larceny of an automated teller machine you will spend at least 3 years in state prison and possibly up to 15 years. Thus, it is imperative that you contact an experienced New York grand larceny of an automated teller machine lawyer who will vigorously defend you against these charges. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with serious crimes such as grand larceny, petit larceny, credit card fraud and possession of stolen property. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.

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