New York Grand Larceny Sentencing Guidelines

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Larceny is one of several different types theft crimes defined in the New York Penal Code. It is defined as stealing the property of another person with the intent of depriving that person of such property. You can commit larceny in a number of different ways including by embezzlement, trick, lying, or extortion. N.Y. Pen. Law § 155.05. It can involve the theft of almost any type of property including money, personal property, real property, vehicles, firearms, and computer data. Depending on the seriousness of the theft charge, it will be classified as either petit larceny or grand larceny. Grand larceny is much more serious as it is a felony. As a result the sentence that you would receive if convicted of grand larceny can be much more severe than the sentence for a petit larceny conviction. If you have been accused of theft, it is critical that you immediately contact a New York Grand Larceny Sentencing Guidelines Lawyer who will review the facts of your case and explain to you your legal options.

Grand larceny is the charge applied to thefts that are considered more serious because the value of the property stolen is over $1,000. Grand larceny will also be the charge if the property stolen is a firearm, credit card, or vehicle, or if you steal from another's person. There are 4 levels of severity of grand larceny. The more serious the charge, the more severe the possible sentence. Furthermore, your criminal history will impact the sentence you receive for a grand larceny conviction. Generally, first time offenders are not subject to minimum prison terms and may be eligible for a sentence of just probation. On the other hand, if you are a predicate offender, meaning that you have been previously convicted of a felony within the last 10 years, your sentence will be subject to minimum sentence guidelines. N.Y. Pen. Law § 70.04.

Grand Larceny in the Fourth Degree

The least serious grand larceny charge is grand larceny in the fourth degree. You will be charged with grand larceny in the fourth degree if the value of the property is more than $1,000 but less than $3,000, or if the property is a firearm, vehicle, credit card, or debit card. N.Y. Pen. Law § 155.30. Grand larceny in the fourth degree is a Class E felony. While there is no mandatory prison sentence for a grand larceny in the fourth degree conviction, you may be sentenced to prison for up to four years. N.Y. Pen. Law § 70.00. However, if you are a predicate offender, the minimum sentence for grand larceny in the fourth degree is 1.5 years in prison. If you are first time offender, instead or receiving a jail or prison sentence, you may be sentenced to 5 years probation. Or you may receive a short jail term followed by 5 years probation.

Grand Larceny in the Third Degree

Grand larceny in the third degree is a Class D felony. In order to be charged with grand larceny in the third degree, the value of the property must be more than $3,000 or the property must be an ATM, or an ATM's contents. If convicted, you will be sentenced to up to 7 years in prison. N.Y. Pen. Law § 155.35. However, there is no minimum mandatory sentence for first time offenders. So, for first time offenders the sentence could be significantly less than 7 years, including a sentence of probation. However, predicate offenders face a minimum sentence of 2 to 4 years in prison.

Grand Larceny in the Second Degree

If the property stolen has a value that that exceeds $50,000, or if the theft involved extortion then the charge would be grand larceny in the second degree. N.Y. Pen. Law § 155.40. This grand larceny charge carries a sentence of up to 15 years in prison. While there is no minimum mandatory sentence for first time offenders and probation is an option, predicate offenders face a minimum sentence of 3 to 6 years in prison.

Grand Larceny in the First Degree

The most serious grand larceny offense is grand larceny in the first degree. A grand larceny in the first degree charge requires that the value of the property be more than $1 million. N.Y. Pen. Law § 155.42. The possible sentence is up to 25 years in prison. Grand larceny in the first degree is also different from other grand larceny offenses in that there is a minimum sentence for first time offenders and non-predicate felons. The minimum sentence for such offends is 1-3 years. Predicate offenders will be sentenced to a minimum of 4.5-9 years in prison.

As soon as you have been accused of or implicated in a crime of grand larceny you should contact experienced representation. Do not wait until you have been arrested or arraigned. It is crucial to have someone who understands the nuances of each type of grand larceny charge to ensure that if you are charged, the charge is appropriate. 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 as well as other theft crimes such as petit larceny, possession of stolen property, burglary, and robbery. 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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