New York Grand Larceny By Embezzlement and Value
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Grand Larceny is a white collar crime that involves stealing property owned by another person. The charge of grand larceny can be defined by how it was committed as well as by the value of the property taken. New York law defines grand larceny as stealing the property of another person with the intent of depriving that person of such property. One of the ways that you can commit grand larceny is through embezzlement. N.Y. Pen. Law § 155.05. Embezzlement is the criminal act of wrongfully appropriating property or money that was entrusted to you, but owned by someone else. An act of theft or larceny becomes the more serious crime of grand larceny if the value of the property stolen exceeds $1,000. N.Y. Pen. Law § 155.30. For thefts of property with a value of under $1,000, the charge would be petit larceny. If you have been charged with grand larceny, embezzlement, or any other criminal charge such as robbery, burglary, computer fraud, or credit card fraud, contact a New York Grand Larceny by Embezzlement and Value Lawyer who will explain to you your legal rights and guide you through the criminal process.
- Grand Larceny in the First Degree
- Grand Larceny in the Second Degree
- Grand Larceny in the Third Degree
- Grand Larceny in the Fourth Degree
- Aggravated Grand Larceny of an Automated Teller Machine
- Grand Larceny of a Firearm
- Grand Larceny by Credit Card
- Grand Larceny by Embezzlement
- Grand Larceny from the Person (Pickpocketing)
- Grand Larceny of a Vehicle
- New York Grand Larceny by Extortion or Blackmail
- Grand Larceny Sentencing Guidelines
Depending on the value of the property at issue and the type of property, whether it was embezzled or obtained in another manner, the grand larceny charge can range in severity from a Class E felony to a Class B felony. The least serious charge involves a theft of property with a value of between $1,000 and $2,999.99. This would be grand larceny in the fourth degree. N.Y. Pen. Law § 155.30. Grand larceny in the fourth degree is a Class E felony. If convicted you may sent to prison for up to four years. N.Y. Pen. Law § 70.00.
If you are accused of stealing property with a value of between $3,000 and $49,999, you can be charged with grand larceny in the third degree, a Class D felony. If convicted, you will be sentenced to up to 7 years in prison. N.Y. Pen. Law § 155.35. Grand larceny in the second degree involves taking property with a value between $50,000 and $999,999. This is a Class C felony. If convicted, you will be sentenced to up to 15 years in prison.
The most serious grand larceny offense is grand larceny in the first degree. If you are charged with this crime, this means that you have been accused of embezzling or otherwise stealing $1 million or more. N.Y. Pen. Law § 155.42. Because of the amount of money involved, grand larceny in the first degree carries the harshest sentence of all grand larceny charges. If convicted you could go to prison for up to 25.
There are several defenses to grand larceny charges. Because a grand larceny charge is typically tied to the value of the property at issue, challenging that value can be critical to the charge you face and the sentence you will face if convicted. For example, if you were charged with stealing a $1500 necklace, but the appraised value is only $900, that is the difference between being charged with grand larceny or petit larceny. Petit larceny is not a felony. It is a Class A misdemeanor. N.Y. Pen. Law § 155.25. If you are convicted of petit larceny the possible sentence is incarceration for up to one year, while being convicted for grand larceny in the fourth degree carries a sentence of up to 4 years in prison. Prosecutors will seek to assess the highest possible value to the property in order to charge you with the most serious crime.
An important component to a grand larceny charge is your intent. In order to have committed embezzlement or any other type of grand larceny, you must have intended to permanently deprive the owner of the property. Thus, if you merely borrowed the item or took it by mistake you have a defense to a grand larceny charge.
If you have been accused of a white collar crime involving embezzlement or grand larceny, or any other theft crime, you should immediately seek legal guidance. A criminal conviction will impact the rest of your life. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with grand larceny and other types of theft such as petit larceny, burglary, possession of stolen property, robbery, credit card fraud, as well as other types of crimes. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.