New York Grand Larceny From the Person
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There are several different ways that you can commit the crime of theft. You can steal property from someone's home or car, you can steal property via the internet, or you can steal property directly from the person. Stealing directly from someone can involve what is commonly referred to as pickpocketing. While pickpocketing may seem like a minor offense, the New York Penal Code makes it clear that pickpocketing is a serious crime. In fact, pickpocketing is a form of grand larceny. N.Y. Pen. Law § 155.30. It is a felony, meaning that if convicted there is possibility that you could be sent to prison for years. Therefore, if you have been charged with grand larceny from the person, take it seriously and immediately contact a New York Grand Larceny from the Person Lawyer who will provide you with guidance and support throughout the criminal process from beginning to end.
Larceny is a type of stealing that means taking property from its owner with the intent of permanently depriving that person of the property. N.Y. Pen. Law § 155.05. For purposes of the larceny offenses, "property" can be almost anything of value, including money or personal property. In New York there are two main types of larceny: petit larceny and grand larceny. Petit larceny is a misdemeanor and is defined simply as stealing someone's property. N.Y. Pen. Law § 155.25. On the other hand, grand larceny is a felony. The main legal difference between petit larceny and grand larceny is the value of the property involved.
- Grand Larceny in the First Degree
- Grand Larceny in the Second Degree
- Grand Larceny in the Third Degree
- Grand Larceny in the Fourth Degree
- Aggravated Grand Larceny of an Automated Teller Machine
- Grand Larceny of a Firearm
- Grand Larceny by Credit Card
- Grand Larceny by Embezzlement
- Grand Larceny from the Person (Pickpocketing)
- Grand Larceny of a Vehicle
- New York Grand Larceny by Extortion or Blackmail
- Grand Larceny Sentencing Guidelines
Petit larceny will typically be the charge if the value of the stolen property is minimal. However, there are factors in the theft of a low value item that will cause the charge to be grand larceny and not petit larceny. One factor would be if the theft involved stealing directly from the person. For example, if you take property valued at $25 from someone's person, then you could be charged with a felony instead of a misdemeanor. The law takes crimes seriously that involve such direct contact with another person as the possibility of violence or injury increases, even if no violence or injury occurs. For that reason, larceny that involves theft from the person will result a minimum in a charge of 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. The charge may be increased to grand larceny in the third degree if the value of the property taken exceeds $3,000. N.Y. Pen. Law § 155.35. If the value exceeds $50,000 the charge will be Grand Larceny in second degree. N.Y. Pen. Law § 155.40. It does not matter that you did not know the value of the item that you took.
Grand larceny in the fourth degree does not only mean "pickpocketing" in the sense of taking a wallet or other object from someone's pocket. It means stealing by taking property directly from someone's person. Thus, if you snatch someone's handbag, purse, backpack or briefcase, you can also be charged with grand larceny from the person. Furthermore, in order to face a fourth degree larceny charge the victim does not have to be immediately aware of the crime. In fact, most pickpocket victims do not know that something has been removed from their person until well after the crime took place.
If you have been accused of a theft crime you may face years in prison, particularly if you are charged with grand larceny from the person. Because your future is at stake, it is critical to seek guidance from someone with experience. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with various theft crimes such as grand larceny, petit larceny, robbery, credit card fraud, and possession of stolen property, as well as those who have been charged with other serious crimes such as murder, domestic violence, and drug possession. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.