Suffolk Grand Larceny Penalty

If you are prosecuted and convicted of grand larceny, the sentence that the court will give you will depend on a number of different factors. The most important factor is the seriousness of the crime as indicated by its classification. Grand larceny is a felony. Felonies are classified as Class A, B, C, D or E felonies. A Class A felony is the most serious, while a Class E felony is the least serious. This means that convictions for Class E felonies carry the least harsh sentences. 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. The higher the value of the property, the more serious the grand larceny charge. The prosecutor will aggressively try to charge you with the most serious felony offenses by placing the highest possible value on the property at issue. For this reason, as soon as you are charged with grand larceny you should immediately contact a Suffolk County Grand Larceny Penalty Lawyer who understands the law related to grand larceny and will support and defend you throughout the criminal process to ensure that your case is resolved in the best possible manner.

Grand Larceny Offenses

In order to be charged with grand larceny, the value of the property that you are accused of taking must be at least $1,000. Otherwise, the charge will have to be petit larceny, a misdemeanor. However, there are exceptions to this general rule. For example, if you steal from another's person or by extortion, the charge will be a felony regardless of the value of the property. This is also the case where the property is a vehicle, credit card, debit card, firearm, or religious item.

Based on the value of the property, the possible grand larceny charges are grand larceny in the fourth degree, third degree, second degree, or first degree. There is also a special grand larceny charge called aggravated grand larceny of an automated teller machine. Each of these charges is a felony. The possible sentence ranges from probation to 25 years in prison. In addition to the seriousness of the charge, the judge will consider other factors such as 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 with a value greater 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 fourth degree grand larceny the judge may sentence you to up to 4 years in prison and you will have to pay the victim restitution. The amount of restitution will be based on the value of the property and any additional costs incurred by the victim as a result of the theft. Your criminal history will have a significant impact on your sentence as New York law 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. If you are sentenced to probation, the probation term will be for 5 years.

Grand Larceny in the Third Degree

You will face a third degree grand larceny if you are accused of stealing property with a value greater 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 a Class D felony. If you are convicted the judge may sentence you to up to 7 years in prison. Your sentence may also include probation and restitution. In the case of third degree grand larceny New York law does not require a minimum prison sentence for first time offenders. 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

If the value of the property you are accused of stealing exceeds $50,000, or the theft involved extortion you will be charged with grand larceny in the second degree, a Class C felony. N.Y. Pen. Law § 155.40. 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. N.Y. Pen. Law § 70.00. Like those convicted of grand larceny in the fourth degree or 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. 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. In People v. Foer, 974 N.Y.S.2d 244, (2013), defendant Mary Foer, a second time offender was sentenced to 4.5 to 9 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 sent to prison 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 be sentenced to just probation and restitution and 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. For example, in People v. Pineras, 978 N.Y.S.2d 681 (2014), even though he faced the possibility of going to prison for 25 years, the judge sentenced him to just 1 /13 to 4 years for a grand larceny in the first degree conviction. If you do have a prior felony conviction, the minimum sentence is 4.5 to 9 years in prison

Probation

Any grand larceny conviction may include a probation sentence. Your sentence could include just probation or concurrent terms of prison and probation. For a felony conviction the mandatory probation term is 5 years. While probation is preferable to going to prison, probation is not the same as being completely free. There are many restrictions that go along with probation. The most important condition is that you have to stay out of trouble and that you cannot commit another crime. Additional conditions may include staying away from disreputable people and places, holding a job, supporting your family, refraining from drinking excessive alcohol, and regularly reporting to your probation officer. You will not be allowed to leave New York without permission. If you fail to abide by any of the conditions of your probation, 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. Part of her sentence was 5 years probation. When Alexander violated her probation, the judge revoked her probation and resentenced her to 1 1/3 to 4 years in prison.

While probation is a possibility for almost any grand conviction, there is also a good possibility that you will be sentenced to prison. This is definitely the case if you have a prior felony conviction. 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, petit larceny, criminal possession of stolen property, robbery, as well as other criminal offenses. 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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