NY Penal Law § 155.30: Grand larceny in the fourth degree

Larceny is the crime of stealing. If the theft is relatively minor such as shoplifting, the charge will be petit larceny. However, if the theft is more serious then the charge will be grand larceny, a felony. New York criminal law defines 4 degrees of grand larceny: grand larceny in the fourth degree, grand larceny in the third degree, grand larceny in the second degree and grand larceny in the first degree. A critical factor in determining the specific offense you will face if you are accused of theft is the value of the property stolen. With a few notable exceptions, if the value of the property exceeds $1,000, the theft will be considered grand larceny. Under New York Penal Code § 155.30, you could be prosecuted for grand larceny in the fourth degree if the property:

1. Has a value in excess of $1,000
2. Is a public record
3. Is secret scientific material
4. Is a credit or debit card
5. Is taken from someone's person
6. Is obtained by extortion
7. Is a firearm
8. Is a motor vehicle with a value of more than $100
9. Is a religious item from a place of worship with a value of at least $100
10. Is an access device for telephone service
11. Is anhydrous ammonia or liquefied ammonia gas that is taken for the purpose of manufacturing methamphetamine

In one case Bob steals a laptop computer from an electronics store. The store was selling the laptop for $1500. In another case Lou steals a laptop computer from a woman's briefcase after she set it down on the floor of a restaurant. The woman paid $1500 for the laptop 3 years ago. Bob could be prosecuted for grand larceny in the fourth the degree because the value of the property exceeded $1000. Lou, on the other hand, could not be prosecuted for grand larceny in the fourth degree because the value of a 3 year old used laptop is likely less than $1000.

1. Petit larceny: New York Penal Code § 155.25
2. Grand larceny in the third degree: New York Penal Code § 155.35
3. Grand larceny in the second degree: New York Penal Code § 155.40
4. Grand larceny in the first degree: New York Penal Code § 155.42

In order to prove that you committed grand larceny in the fourth degree the prosecutor must show that the theft was one of the types specifically mentioned in the statute. If, for example, you are accused of stealing a laptop that originally cost $1300 but now has a depreciated value of $500, then the prosecutor would have to drop the fourth degree grand larceny charge or reduce the charge to petit larceny.

Grand larceny in the fourth degree is a class E felony. While there is no mandatory prison sentence for a grand larceny in the fourth degree conviction, you may be sentenced to prison for up to four years. However, depending on the circumstances of the case as well as your criminal history, the sentence could be probation in lieu of prison. If you are a first time offender you are less likely to be sentenced to prison. On the other hand if you are a predicate offender meaning that you have been convicted of another felony within the last 10 years, the minimum sentence for grand larceny in the fourth degree is 1.5 years in prison.

A person is guilty of grand larceny in the fourth degree when he steals property and when:

1. The value of the property exceeds one thousand dollars; or

2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or

3. The property consists of secret scientific material; or

4. The property consists of a credit card or debit card; or

5. The property, regardless of its nature and value, is taken from the person of another; or

6. The property, regardless of its nature and value, is obtained by extortion; or

7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in § 265.00 of this chapter; or

8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or

9. The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which:

   1. has a value of at least one hundred dollars; and

   2. is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.

10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.

11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

If you have been charged with grand larceny in the fourth degree, or any other larceny charge it is important that you have experienced legal representation. There may be defenses to the charges against you that only an experienced attorney will understand. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of grand larceny, petit larceny, burglary, robbery, embezzlement and other criminal offenses. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.