New York Penal Code § 155.42: Grand larceny in the first degree

Grand larceny is the offense with which you will be charged if you are suspected of theft. Under New York criminal law larceny is defined as obtaining property that belongs to someone else with the intent of keeping that property away from its owner. It does not matter if you take it for someone else, or take it and then give it to someone else. Larceny can be accomplished in several different ways including by trespassory taking, by extortion, by trick, by embezzlement, by false pretenses, or by writing a bad check. Under New York Penal Code § 155.42, you could be prosecuted for grand larceny in the first degree if you steal property that has a value of more than $1,000,000. It is the most serious grand larceny crime.

Example

Hank wanted to buy a new home for his family. He found a house that was on the market for $3 million. Hank was turned down for the mortgage because his income was way too low. Hank then forged documents that showed an income that was significantly higher than his true income. Hank went to a new lender and was approved for the mortgage. Hank soon defaulted on the loan. Later on it came to the lender's attention that Hank forged the documents. Among other charges, Hank could be prosecuted for grand larceny in the first degree as he obtained a loan in excess of $1 million based on fraud.

Related Offenses
  1. Grand larceny in the fourth degree: New York Penal Code § 155.30
  2. Grand larceny in the third degree: New York Penal Code § 155.35
  3. Grand larceny in the second degree: New York Penal Code § 155.40
Defenses

In order for a charge of grand larceny in the first degree to hold the value of the property that you were accused of taking must be over $1,000,000. If you can show that that the value of the property is actually less than $1,000,000, then you cannot be convicted of grand larceny in the first degree. You may, however, still face lesser grand larceny charges

Sentence

Grand larceny in the first degree is a class B felony. If convicted you could be sentenced to up to 25 years in prison. Unlike the other grand larceny charges, even if you are a first time offender if you are convicted of grand larceny in the first degree there is a minimum sentence that the judge must impose of 1 to 3 years. If you have a prior felony conviction the minimum sentence is 4.5 to 9 years in prison.

New York Penal Code § 155.42: Grand larceny in the first degree

A person is guilty of grand larceny in the first degree when he steals property and when the value of the property exceeds one million dollars.

Contact the Law Offices of Stephen Bilkis & Associates

While facing a grand larceny charge and the possibility of being sent to prison for many years is frightening, the best way to ensure that you are properly defended is to be represented by an attorney who understands all facets of the New York criminal justice system. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of grand larceny, petit larceny, burglary, robbery, embezzlement and other criminal offenses. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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