Queens Grand Larceny Punishment

Sentencing in New York is based on several different factors. The most important factor is the seriousness of the offense. Offenses are classified as either misdemeanors or felonies. Felonies are the most serious offenses. Grand larceny is classified as a felony. As a result, sentencing for a grand larceny conviction can be as much as 25 years in prison. Grand larceny is a theft offense. In order for you to be convicted of grand larceny, not only must the prosecutor show that you took property from another person with the intent of depriving that person of that property, you must also show that that dollar value of the property is so high that the theft rises to the level of grand larceny. There are several different types of methods for accomplishing grand larceny. For example, you can steal by trespassory taking, embezzlement, extortion, passing a bad check, lying, failing to try to return lost property, or trickery. N.Y. Pen. Law § 155.05. Furthermore, the type of property that can be at issue for a theft charge includes personal property, real property, money, vehicles, guns, water, gas, electricity, steam, computer data, and computer programs. In People v. Sparbanie, 110 A.D.3d 1119 (2013), the defendant faced a grand larceny charge for stealing cable television services. If you have been charged with grand larceny you should immediately contact a Queens Grand Larceny Punishment Lawyer who understands how courts determine grand larceny sentences and who will aggressively defend you to ensure that your case is resolved in the best possible manner.

Types of Grand Larceny

You will be charged with grand larceny if the value of the property you are accused of taking is more than $1,000. With a few notable exceptions if the value is $1,000 or less, the charge will be petit larceny. The exceptions are where the property is a credit card, debit card, gun, a vehicle with a value over $100, or religious items with a value of $100 or greater. You will also be charged with grand larceny if you steal from someone's person, such as if you pickpocket.

There are 5 different types of grand larceny crimes: grand larceny in the fourth degree, grand larceny in the third degree, grand larceny in the second degree, grand larceny in the third degree and aggravated grand larceny of an automated teller machine. The sentence you will receive will be determined by the charge. If you are charged with grand larceny in the fourth degree, you will likely receive a much lighter sentence then if you are charged with grand larceny in the fourth degree. When the judge decides on your sentence, he or she will also consider your criminal history. If you have prior a felony conviction, the judge will give you a harsher punishment then you would otherwise receive. You will also be subject to rules that require you to be sentenced to a minimum prison term.

Grand Larceny in the Fourth Degree

Grand larceny in the fourth degree is the charge you will face if you are accused of stealing property that has a value that is greater than $1,000, but less than $3,000. N.Y. Pen. Law § 155.30. It is a Class E felony. If you are convicted you could be sentenced to up to 4 years in prison. The sentence may also include probation, and will likely include payment of restitution. For first time offenders the New York Penal Code does not require a minimum prison sentence. You could be sentenced to just 5 years of probation and restitution. However, if you have a prior felony conviction, the minimum sentence for grand larceny in the fourth degree is 1.5 years in prison. For example, in People v. Mahoney, 112 A.D.3d 556 (2013), the defendant was convicted of one count of grand larceny in the fourth degree. Because he had a prior felony conviction, he was sentenced to 2 to 4 years in prison.

Grand Larceny in the Third Degree

Grand larceny in the third degree is the charge you will face if you are accused of stealing property that has a value of more than $3,000, but not greater than $50,000, or if the property is an automated teller machine (ATM) or an ATM's contents. N.Y. Pen. Law § 155.35. If convicted you may end up in prison for up to 7 years. If you are a first time offender, you may not be sentenced to prison at all as there is no required minimum sentence. You may be sentenced to probation and restitution. However, if you have a prior felony conviction, the minimum sentence for grand larceny in the third degree is 2 to 4 years in prison.

Grand Larceny in the Second Degree

For a charge of grand larceny in the second degree, the value of the property stolen must have a value that that exceeds $50,000, or the theft involved extortion. N.Y. Pen. Law § 155.40. Grand larceny in the second degree is a Class C felony. It is the second most serious grand larceny. The penalty is up to 15 years in prison. For example, in People v. Vandermuelen, 2007 NY Slip Op 05973, (July 12, 2007), after being convicted of grand larceny in the second degree for stealing more than $150,000 from her grandmother, defendant Theresa Vandermuelen was sentenced to 3 to 9 years in prison. For first time offenders there is no minimum sentence, meaning that your sentence could be significantly less than 15 years. You could even be sentenced to probation. N.Y. Pen. Law § 70.00. However, if you have a prior felony conviction, the minimum sentence for grand larceny in the fourth degree is 3 to 6 years in prison.

Aggravated Grand Larceny of an Automated Teller Machine (ATM)

Another grand larceny charge that is a Class C felony is aggravated grand larceny of an automated teller machine. This will be the charged you will face if you steal an ATM or the contents of an ATM. N.Y. Pen. Law § 155.43. Like grand larceny in the second degree, if you are convicted, you could be sent to prison for up to 15 years. For first time offenders there is no minimum sentence. 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 charge you will face if you are accused of stealing property valued in excess of $1 million. It is the most serious grand larceny offense. N.Y. Pen. Law § 155.42. As such it is classified as 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.

Probation

A grand larceny conviction may include a probation sentence. If you are convicted of any grand larceny charge but grand larceny in the first degree, and you are a first time offender, you may avoid a prison sentence, and instead be sentenced to 5 years of probation. The judge may also chose to sentence you to concurrent terms of prison and probation. If your prison term is for less than 5 years, once released you will have to serve the remainder of your probation term.

Beware that while probation is not the same as incarceration, there will be restrictions on your freedom while you serve your probation term. If you are sentenced to probation, you will have to agree to certain conditions. The conditions vary from person to person. Common conditions of probation include: not committing another crime, refraining from hanging out with disreputable people, refraining from hanging out at disreputable places, holding a job or diligently seeking a job, submitting to warrantless searches, electronic monitoring, and drug testing. You will be assigned to a probation officer to whom you must report regularly. You will not be allowed to leave New York without permission. If you fail to abide by the conditions attached to your probation, your probation officer may violate you. If this happens, you will have to appear before a judge. If the judge agrees with your probation officer that you have violated one or more terms of your probation the judge may send you to jail. In People v. Alexander, 110 A.D.3d 111 (2013), the defendant Marion Alexander plead guilty to grand larceny in the fourth degree and criminal possession of a controlled substance. She was sentenced to 45 days in jail and 5 years probation. Alexander was later found to have violated her probation. As a result, the court revoked Alexander's probation and resentenced her to 1 1/3 to 4 years in prison.

Plea Agreement

Between the time that you are charged with grand larceny and your trial the prosecutor may offer you a deal where you agree to plead guilty to a lesser charge. In doing so you will likely get a lighter sentence than if you were convicted at trial. One strategy used to ensure a lighter sentence is to make an agreement with the prosecutor to plead guilty to a lesser charge. For example, in People v. Sparbanie, Sparbanie was charged with grand larceny in the fourth degree for stealing cable TV services. Sparbanie agreed to plead guilty to petit larceny. He was sentenced to one year in jail and ordered to pay restitution in the amount of $10,495.41. Had he been convicted of grand larceny in the fourth degree, he faced a possible sentence of up to 4 years in prison.

Because of the possible punishment for a grand larceny conviction, 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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