Queens Grand Larceny Sentencing Guidelines

Under the New York Penal Code, grand larceny is a felony. As such the possible sentence for a grand larceny conviction is quite harsh, involving as much as 25 years in prison. Larceny is the legal term for the crime of theft. In order to be convicted of larceny, the prosecutor must show that you took property from another person with the intent of depriving that person of that property. This type of theft can be accomplished in several different ways including trespassory taking, embezzlement, extortion, passing a bad check, lying, failing to try to return lost property, and trickery. N.Y. Pen. Law § 155.05. For a larceny charge, the theft can involve almost any type of property including personal property, real property, money, vehicles, guns, water, gas, electricity, steam, computer data, and computer programs. There are two categories of larceny crimes: petit larceny and grand larceny. Grand larceny is the more serious of the two crimes as it generally involves property with a high value. Accordingly, the sentence for a grand larceny conviction is potentially much more severe than the potential sentence for a petit larceny conviction. If you have been accused of grand larceny it is critical that you immediately contact a Queens Grand Larceny Sentencing Guidelines Lawyer who understands the factors that are considered in sentencing and who will aggressively defend you to ensure that your case is resolved in the best possible manner.

To be charged with grand larceny, the value of the property must exceed $1,000. Otherwise the charge will be petit larceny. There are additional factors that may cause the larceny to be categorized as grand larceny and not petit larceny regardless of the value of the property. If you are accused of stealing a credit card, debit card, gun, a vehicle with a value over $100, certain religious property with a value of $100 or greater, you will be charged with grand larceny. You will also be charged with grand larceny if you steal from someone's person, such as if you pickpocket.

There are 4 different degrees of grand larceny: grand larceny in the fourth degree, grand larceny in the third degree, grand larceny in the second degree and grand larceny in the third degree. There is also a 5th grand larceny charge called aggravated grand larceny of an automated teller machine. The grand larceny crime with which you are charged will greatly impact your sentence. Other factors that will impact your sentence include your criminal background, your ability to pay restitution, and whether or not you show remorse. If you have prior felony convictions your sentence will likely be more harsh and you will have to serve a minimum prison sentence. If you are a first time offender, your sentence could be relatively light.

Grand Larceny in the Fourth Degree

While grand larceny in the fourth degree is a felony, it is the least serious felony because of the value of the property involved. To be charged with grand larceny in the fourth degree, the value of the property that you are accused of stealing must be greater than $1,000, but less than $3,000. The exceptions to this rule are if the property is a gun, vehicle, certain religious property, secret scientific material, telephone access device, credit card, or debit card. The other exceptions are if the theft is from the person or is by extortion. In these cases the charge will be grand larceny in the fourth degree even if the value of the property is less than $1,000. N.Y. Pen. Law § 155.30.

Grand larceny in the fourth degree is a Class E felony. The penalty is up to 4 years in prison. For first time offenders there is no minimum sentence. It is possible that the judge will not hand you a prison sentence, but instead sentence you to 5 years 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 1.5 years in prison.

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. N.Y. Pen. Law § 155.35. The penalty is up to 7 years in prison. For first time offenders there is no minimum sentence. In such a case, instead of being sentenced to prison, you may be sentenced to 5 years probation. N.Y. Pen. Law § 70.00.

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

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. 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 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

If you steal an ATM or the contents of an ATM, you will be charged with aggravated grand larceny of an automated teller machine, a Class C felony. N.Y. Pen. Law § 155.43. The penalty is up to 15 years in prison. For first time offenders there is no minimum sentence, meaning that your sentence could be significantly less than 15 years. You may be sentence to just probation, or a short prison sentenced combined with 5 years of probation. 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

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. Grand larceny in the first degree is a Class B felony. It is the most serious grand larceny charge. If convicted you could be sentenced to up to 25 years in prison. Even if you are a first time offender, 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

If you are convicted of grand larceny, your sentence may include probation or concurrent terms of prison and probation. Because grand larceny is a felony, if you are sentenced to probation the term will be for 5 years. This means that if you are sentenced to 2 years in prison, for example, plus probation, the probation term will be for 5 years. Once you complete the 2 years in prison, you will then have a 3 more years of probation to serve.

While probation is preferable to incarceration, probation does place strict limitations on your freedom. Probation comes with a set of rules that you must follow. The rules will depend on your background, but may include: not committing another crime, refraining from associating with others who have criminal histories, refraining from patronizing disreputable places, keeping a job, supporting your family, submitting to warrantless searches, home confinement, electronic monitoring, and drug testing. You will be assigned a probation officer to whom you must report regularly. If you fail to abide by the rules attached to your probation, your probation officer may violate you. If this happens, you will be required 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.

As soon as you have been implicated in any type of grand larceny you should contact an experienced attorney. 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. We 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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