New York Grand Larceny Frequently Asked Questions
- What Is Grand Larceny?
- How Is Grand Larceny Different From Petit Larceny?
- What Is Grand Larceny in the Fourth Degree?
- What Is Grand Larceny in the Third Degree?
- What Is Grand Larceny in the Second Degree?
- What Is Grand Larceny in the First Degree?
- If I Am Convicted of Grand Larceny Will I Go to Prison?
- Can I Get a Grand Larceny Conviction Sealed?
- What Is Embezzlement?
- Is Stealing a Car Grand Larceny?
- Still Have Questions? Contact the Law Offices of Stephen Bilkis & Associates for Help
What Is Grand Larceny?
Grand larceny is a crime of theft involving property that meets a threshold value. If the property has a lesser value, than the crime would be classified as petty larceny. Grand larceny is typically a felony. This means that if convicted, the defendant could face a prison term of at least one year.
How Is Grand Larceny Different From Petit Larceny?
While both grand larceny and petit larceny are crimes of theft, grand larceny is more serious as it is a felony, and petit larceny is a misdemeanor. You will face a charge of grand larceny if you are suspected of stealing property with a value of more than $1000. If the property has a value of $1000 or less, then the charge will be petit larceny. However, as a New York grand larceny lawyer will explain, there are a few exceptions to this. For example, if the property is taken from another’s person, or if the property is taken by extortion, the charge will be felony grand larceny regardless of the value of the property.
What Is Grand Larceny in the Fourth Degree?
Grand larceny in the fourth degree is a class E felony, and is the least serious grand larceny crime. If you are accused of taking property that has a value of more than $1000 but not more than $3000, the property is a public record, a scientific secret, a credit or debit card, or a fireman, then you will face a charge of fourth degree larceny. In addition, if you take the property directly from someone’s person or the property is a car with a value of more than $100, the prosecutor will charge you with grand larceny in the fourth degree. If you are convicted your sentence may include a prison term of up to 4 years.
What Is Grand Larceny in the Third Degree?
The larceny charge will be bumped up to grand larceny in the third degree if the value of the property is more than $3000 but no more than $50,000, or the theft is from an ATM machine. Third degree grand larceny is a class D felony that carries a possible sentence of up to 15 years in prison. For example, while petit larceny is typically the charge related to shopping lifting, if you try on a $4000 watch and walk out the store with it on, then you will not charged with grand larceny in the third degree.
What Is Grand Larceny in the Second Degree?
The prosecutor will charge you with grand larceny in the second degree if the value of the item stolen is at least $50,000, but no more than $1,000,000. Because of the high dollar amount involved in this type of theft, it is typically not associated with retail theft. It is more commonly associated with white collar crimes such as embezzlement, insurance fraud, tax fraud, and computer fraud. In addition, if while committing the theft you also threatened the victim with physical harm, damaged property, the charge will automatically be at minimum grand larceny in the second degree. Because so much money is involved, grand larceny in the second degree is a class C felony with a possible prison sentence of up to 15 years.
What Is Grand Larceny in the First Degree?
Grand larceny in the first degree is the most serious grand larceny crime, and involves theft of property valued over $1,000,000. It is a class B felony and carries a maximum possible sentence of up to 25 years.
If I Am Convicted of Grand Larceny Will I Go to Prison?
As a grand larceny attorney in New York will tell you, whether or not you go to prison for a grand larceny conviction depends on a number of factors. According to the sentencing guidelines, if you are convicted of grand larceny in the fourth, third or second degree, you may not be sentenced to prison if it is your first offense. You may be sentenced to probation. However, if you are convicted of grand larceny in the first degree you will be sentenced to prison even if it is your first offense.
Whether or not your sentence includes prison for a fourth, third, or second degree grand larceny conviction, is based on factors such as your prior criminal history and other aggravating factors. However, an experienced New York grand larceny lawyer will also understand mitigating factors that the judge may consider in determining your sentence. This will help ensure that your sentence includes relatively little or no prison time.
Can I Get a Grand Larceny Conviction Sealed?
Under the new sealing law which goes into effect in October 2017, a grand larceny conviction is eligible for sealing 10 years after sentencing, not including the time you spend incarcerated. There are other conditions that must be met before a judge will seal a conviction, including you having demonstrated good behavior and having made efforts to rehabilitate in the years following your conviction.
What Is Embezzlement?
Embezzlement is a specific type of larceny. It involves theft of property that belongs to another person or entity and is in one’s control or possession. For example, if an employee takes money from their company, that would be embezzlement. State law may require that a person who is accused of embezzlement would be charged with a larceny crime. Depending on the amount that was stolen, the charge would be either petit larceny or grand larceny.
Is Stealing a Car Grand Larceny?
In New York stealing a car is almost always grand larceny. Under the law when a car is involved, if its value is over $100, grand larceny will be the charge. Most cars have a value of over $100. If the offender breaks into the car in order to steal it or breaks into a garage, the offender may also face a charge of burglary.
Still Have Questions? Contact the Law Offices of Stephen Bilkis & Associates for Help
If you are under investigation for grand larceny, or if you have been charged with grand larceny, you should immediately seek legal guidance from an experienced grand larceny attorney serving clients in New York, even if you have not been arrested. A criminal conviction will impact the rest of your life. The attorneys at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with grand larceny, petit larceny, robbery, extortion and other crimes of theft. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of grand larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.