Queens Grand Larceny Penalty

If you are convicted of a crime such as grand larceny, your sentence will be based on several different factors. One of the most important factors is the seriousness of the crime. A crime's seriousness is indicated by its classification in the New York Penal Code. A felony can be a Class A, B, C, D or E felony. A Class A felony is the most serious, while a Class E felony is the least serious felony. Thus, Class E felonies carry the least harsh possible sentence. Grand larceny is a type of theft. When determining which grand larceny offense to charge you with, the prosecutor will look at the value of the property you are accused of stealing. The higher the value of the property, the more serious the grand larceny charge. Because the prosecutor will seek to charge you with the most serious grand larceny offense, as soon as you are charged with grand larceny you should immediately contact a Queens Grand Larceny Penalty Lawyer who understands the criminal process from the arrest to sentencing and who will aggressively defend you to ensure that your case is resolved in the best possible manner.

Types of Grand Larceny

There are several different grand larceny offenses. To be charged with any grand larceny offense, the value of the property that you are accused of taking must be at least $1,000. The exceptions to this general rule include stealing from another's person or stealing by extortion. Additional exceptions include where the property is of a certain type such as a vehicle, credit card, debit card, firearm, or religious item. Based on the value of the property, possible grand larceny charges include grand larceny in the fourth degree, third degree, second degree, first degree, or aggravated grand larceny of an automated teller machine. Each of these charges is a felony. The possible penalty ranges from probation to 25 years in prison. In addition to the seriousness of the charge, other factors that will determine your sentence include your criminal history and your ability to pay restitution.

Grand Larceny in the Fourth Degree

The prosecutor will charge you with grand larceny in the fourth degree if you are accused of stealing property valued at more than $1,000, but less than $3,000. N.Y. Pen. Law § 155.30. It is classified as a Class E felony. If you are convicted of grand larceny in the fourth degree the judge may sentence you to up to 4 years in prison. Your sentence may also include probation as well as restitution. Your criminal history will have a significant impact on your sentence as New York Penal Code does not require a minimum prison sentences for first time offenders who are convicted of this crime. That means that your sentence may not necessarily include any prison. However, if you do have a prior criminal history, your sentence will include at least 1.5 years in prison.

Grand Larceny in the Third Degree

The prosecutor will charge you with grand larceny in the third degree if you are accused of stealing property valued at more than $3,000, but less than $50,000, or if the property is an automated teller machine (ATM) or an ATM's contents. N.Y. Pen. Law § 155.35. It is classified as a Class D felony. If you are convicted of grand larceny in the fourth degree the judge may sentence you to up to 7 years in prison. Your sentence may also include probation and restitution. Here also your criminal history will have a significant impact on your sentence as the New York Penal Code does not require a minimum prison sentence for first time offenders who are convicted of grand larceny in the third degree. That means that your sentence may not necessarily include any prison. However, if you do have a prior criminal history, your sentence will include at least 2-4 years in prison.

Grand Larceny in the Second Degree

The prosecutor will charge you with grand larceny in the second degree if the value of the property you are accused of stealing exceeds $50,000, or the theft involved extortion. N.Y. Pen. Law § 155.40. It is a Class C felony. The only grand larceny offense that is more serious is grand larceny in the first degree. If convicted you could be imprisoned for up to 15 years. In People v. Vandermuelen, 2007 NY Slip Op 05973, (July 12, 2007), Theresa Vandermuelen was charged and convicted of grand larceny in the second degree for stealing over $150,000 from her grandmother. She was sentenced to 3 to 9 years in prison. Like those convicted of grand larceny in the fourth of third degree, if you are convicted of grand larceny in the second degree and you are a first time offender the judge could chose to sentence you to just probation or a very short prison sentence coupled with probation. N.Y. Pen. Law § 70.00. On the other hand, if you have a prior felony conviction, you will definitely be sentenced to at least 3 to 6 years in prison.

Aggravated Grand Larceny of an Automated Teller Machine (ATM)

Like grand larceny in the second degree, aggravated grand larceny of an automated teller machine is also a Class C felony. This will be the charge you will face if you steal an ATM or the contents of an ATM. N.Y. Pen. Law § 155.43. If you are convicted, you could be incarcerated for up to 15 years. For first time offenders the judge is not required to impose a minimum sentence. It is possible that you could avoid prison. However, if you have a prior felony conviction, the minimum sentence for aggravated grand larceny of an automated teller machine is 3 to 6 years in prison.

Grand Larceny in the First Degree

Grand larceny in the first degree is the most serious charge and the only grand larceny change that requires a minimum sentence regardless of whether or not you have a prior felony conviction. The prosecutor will charge you with grand larceny in the first degree if you are accused of stealing property valued in excess of $1 million. N.Y. Pen. Law § 155.42. It is classified as a Class B felony. If convicted your punishment could be up to 25 years in prison. If you do not have a prior felony conviction, the minimum sentence is 1 to 3 years. If you do have a prior felony conviction, the minimum sentence is 4.5 to 9 years in prison.

Probation

A grand larceny conviction may include a probation sentence. It could be a sentence of just probation and perhaps restitution, or it could also be concurrent terms of prison and probation. For a felony conviction the required probation term is 5 years. While probation is preferable to incarceration, probation is not the same as being completely free as there are several restrictions that go along with probation. If you are sentenced to probation, you will have to agree to certain conditions. The most important condition is that you refrain from committing a crime. In other words, you are required to stay out of trouble. Additional conditions may include staying away from disreputable people and places, holding a job or diligently seeking a job, submitting to warrantless searches, electronic monitoring, and drug testing. You will not be allowed to leave New York without permission. You will be required to check in with your probation officer regularly. If you fail to abide by the conditions of your probation, your probation officer may violate you. A judge may then decide to revoke your probation and resentence you to prison. For example, in People v. Alexander, 110 A.D.3d 111 (2013), the defendant Marion Alexander plead guilty to grand larceny in the fourth degree and was sentenced to 45 days in jail and 5 years probation. Alexander violated her probation. As a result, the judge revoked Alexander's probation and resentenced her to 1 1/3 to 4 years in prison.

Plea Agreement

Your possible sentence will also be affected by a plea agreement. The prosecutor may offer you a deal in which you agree to plead guilty to a lesser crime than the one with which you were originally charged. For example, if you are charged with grand larceny in the third degree, the prosecutor may allow you to plead guilty to grand larceny in the fourth degree. As a result, your sentence would be less severe.

Even though a conviction of any grand larceny crime except for grand larceny in the first degree may only involve probation, it is also possible that you will be sentenced to prison even if you are a first time offender. Therefore, as soon as you have been charged with any type of grand larceny you should contact an experienced attorney at Stephen Bilkis & Associates, PLLC. We have years of experience successfully defending clients in New York criminal courts who have been charged with grand larceny and understand the intricacies of the New York criminal court system from the beginning of a case to sentencing. 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 grand larceny in the following locations:

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