Suffolk Aggravated Grand Larceny of an Automated Teller Machine

There are many ways to steal and many types of property that can be stolen. Under New York law larceny is one of the terms used for theft. If the theft is of property that does not have a high value, the charge will be petit larceny. Petit larceny is a misdemeanor. If the theft involves property with a value over $1,000, then the crime is termed grand larceny. Larceny can involving embezzlement, fraud, or bribery, for example. Different types of property can be stolen including money, personal property, real property, computer data, credit cards, and vehicles. However, stealing from an automated teller machine (ATM) is considered a particularly serious type of larceny. If you steal an ATM or the contents of an ATM, you will be charged with a Class C felony and a possible sentence of up to 15 years. If you have been charged with stealing an ATM or from an ATM, you should immediately contact an experienced Suffolk County Aggravated Grand Larceny from an Automated Teller Machine Lawyer who will aggressively defend you from the time of your arrest until the resolution of the case.

Under N.Y. Pen. Law § 155.43, you will be charged with grand larceny of an automated teller machine if you

  • Commit grand larceny in the third degree and
  • You have already been convicted of grand larceny in the third degree in the last 5 years.

Grand larceny is one of two general types of larceny under New York law. Larceny is defined as taking, obtaining, or withholding property that is owned by someone else. In other words, larceny is stealing. N.Y. Pen. Law § 155.05. Petit larceny involves stealing property with a value of $1,000 or less. It is a misdemeanor with a possible maximum sentence of 1 year in jail. While grand larceny generally involves stealing property that has a value of more than $1,000, it is also the theft charge that applies to cases where the circumstances raise the level of seriousness from the misdemeanor level to the felony level. In cases where the theft involves stealing an ATM or the contents of an ATM, regardless of the value of the property stolen, the charge will at a minimum be grand larceny in the third degree, a Class D felony. N.Y. Pen. Law § 155.35. If you are convicted of third degree grand larceny and then within 5 years commit this crime again by stealing an ATM or from an ATM, the charge will not be grand larceny in the third degree which is a Class D felony. The charge will be raised to aggravated grand larceny of an automated teller machine, a Class C felony. This means that if convicted you will face up to 15 years in prison. Because being charged with aggravated grand larceny of an automated teller machine means that you already have a prior felony record, you will not have the benefit of first-time offender status. You will be required to serve at least 3 years in prison.

If you are convicted of any grand larceny charge, you could face up to 25 years in prison. Grand larceny in the fourth degree involves stealing property valued at over $1,000. It is a Class E felony, with a maximum possible sentence of up to 4 years in prison. Grand larceny in the third degree involves property valued at over $3,000. It is a Class D felony, with a possible maximum sentence of 7 years in prison. Both grand larceny in the second degree and aggravated grand larceny of an automated teller machine are Class C felonies. The most serious grand larceny charge is grand larceny in the first degree and involves stealing property valued at over $1 million. It is a Class B felony with a maximum penalty of up to 25 years in prison.

If you face a charge of aggravated grand larceny of an automated teller machine or grand larceny in the third degree based on stealing an ATM or the contents of an ATM, you should expect to face other charges as well. For example, you may be charged with criminal possession of stolen property. N.Y. Pen. Law § 165. If you stole another person's credit or debit card to commit the theft from the ATM machine, you may also face the charge of grand larceny in the fourth degree. Because these crimes are also felonies, if convicted of all such charges, you will end up spending a substantial amount of time in prison.

If you are convicted of aggravated grand larceny of an automated teller machine you will spend up to 15 years in state prison. However, there may be defenses to such charges that only an experienced attorney would know. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with serious crimes such as grand larceny, petit larceny, and criminal possession of stolen property. 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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