New York Grand Larceny of a Firearm
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New York has some of the stiffest gun laws in the country. It is no surprise that when it comes to stealing a firearm, the charge will be serious and the penalty severe. Stealing a fireman is a type of larceny. The New York Penal Code defines larceny as obtaining, taking or withholding the property owned by another person. N.Y. Pen. Law § 155.05(1). "Property" can be just about anything. The statute defines property as money, real property, personal property, computer data, gas, water, electricity, or just about anything else of value such as a firearm. N.Y. Pen. Law § 155.00(1). While the severity of a theft charge typically is based on the value of the item stolen, when it comes to firearms, the minimum charge is a felony. Being charged with grand larceny of a fireman is serious and the potential penalty could be years in prison. Therefore, if you are accused of stealing a gun, you should immediately contact an experienced New York Grand Larceny of a Firearm Lawyer who will vigorously defend you throughout the entire criminal process.
- 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
There are two general types of larceny: petit larceny and grand larceny. Petit larceny is the less severe offense. It is a misdemeanor and carries a sentence of up to 1 year in jail. On the other hand, grand larceny is the charge applied to thefts that are more serious because the value of the property stolen is over $1,000, or because the type of property stolen is such that the legislature deemed the theft as more serious. Stealing a firearm falls into this category.
There are several degrees of severity for a charge of grand larceny. Grand larceny of a firearm is grand larceny in the fourth degree. While grand larceny in the fourth degree is the least severe grand larceny charge, it is still a felony with a possible sentence of up to 4 years in prison. Other grand larceny charges include grand larceny in the third degree, a Class D felony, grand larceny in the second degree, a Class C felony, and grand larceny in the first degree a Class B felony. For the purposes of grand larceny, "firearm" has a very specific definition. A firearm is defined as a pistol, revolver, shotgun, rifle, a weapon made from a rifle or shotgun, or an assault weapon. Excluded from the definition firearm are antique firearms. N.Y. Pen. Law § 265.00(3)
Keep in mind that if you are charged with the theft of a firearm, you will likely face additional gun crimes. For example, if you are found to be in possession of a firearm without proper registration and licensing you can be charged with criminal possession of a weapon in the fourth degree, a Class A misdemeanor. N.Y. Pen. Law § 265.01. Furthermore, if you posses a firearm with the intent to use it against another person, then you can be charged with criminal possession of firearm in the second degree, a Class C felony. N.Y. Pen. Law § 265.03. If you are found in possession of 10 or more firearms, you could be charged with criminal possession of a firearm in the first degree. This is one of the most serious gun crimes and is a Class B felony. N.Y. Pen. Law § 265.04. If convicted you could be sentenced to up to 25 years in prison.
As soon as you have been accused of or implicated in a grand larceny of a firearm charge you should contact experienced representation. Do not wait until you have been arrested or arraigned. It is crucial to have someone who is knowledgeable about the New York criminal justice system support and guide you from the beginning of the case until it is resolved. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with gun crimes are well as theft crimes such as grand larceny of a firearm, possession of stolen property, burglary, and robbery. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.