Under New York law there are several types of criminal charges that involve theft, including grand larceny. Larceny is defined as taking, obtaining or withholding property that is owned by another person with the intent of depriving that person of such property. N.Y. Pen. Law § 155.05. You can face a charge of larceny by taking practically any type of property, including real or personal property, money, computer data, computer programs, gas, steam, water, or electricity. N.Y. Pen. Law § 155.00(1). In addition, if you steal a credit or debit card owned by someone else, or a credit or debit card number, you can be charged with larceny. Larceny by credit card has significantly increased over the past 20 years. Now credit and debit cards are not only being stolen from people's purses, wallets and pockets, but credit and debit card numbers are also being stolen from people's computers and from the internet. If you have been accused of stealing a credit card, or any other type of theft, you should immediately contact a New York Grand Larceny by Credit Card Lawyer who will explain to you your legal rights and guide you through the criminal process.
The New York Penal Code defines different types of larceny charges, including petit larceny and grand larceny. Furthermore, there are multiple types of grand larceny charges depending on the value of the property that was stolen and the type of property that was stolen. If you are accused of taking another person's debit or credit card, you will charged with grand larceny in the fourth degree, a Class E felony. N.Y. Pen. Law § 155.30. If convicted you may be sent to prison for up to four years. N.Y. Pen. Law § 70.00.
Credit card theft can be accomplished in a number of different ways. Grabbing a purse and "pickpocketing" a wallet, are common was ways that credit cards are stolen. In some cases credit cards are stolen "accidentally" meaning that the accused did not intend to take a credit card. However, in order to face a charge of grand larceny in the fourth degree based on the theft of a credit card or debit card, it is not required that you have had the intent to steal a credit or debit card. You simply had to have the intent to take property owned by someone else. For example, if you take a backpack that is worth $50 and it turns out that the backpack contains a wallet with a MasterCard and a Visa in it, instead of being faced with a petit larceny misdemeanor charge that carries a penalty of up to one year in jail, you will face a grand larceny in the fourth degree charge.
In recent years people have found more sophisticated ways to steal credit cards. Nowadays credit cards are often stolen by hacking into secure computer systems, often stealing multiple credit card numbers at one time. Thus, to face a charge of grand larceny by credit card it is not necessary that you steal someone's physical card. Stealing someone's credit card number is sufficient. Furthermore, if you do steal someone's credit card using a computer, you may also face a charged with computer fraud. If you use a stolen credit card to purchase goods or services, you may face additional grand larceny charges that could land you in prison for more than 4 years depending on the value of the goods purchased.
If you have been accused of a white collar crime of theft, it is important to get legal help as soon as you have been accused. When you are charged with a crime, a lot is at stake as a criminal conviction will result in a criminal record that will affect the rest of your life. 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 misdemeanors and felonies such as petit larceny, burglary, robbery, possession of stolen property, computer fraud, and credit card fraud. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Manhattan, Queens, Brooklyn, the Bronx, Staten Island, Westchester County, and Long Island (Nassau and Suffolk Counties).