NY Penal Law § 155.35: Grand larceny in the third degree
Grand larceny in the fourth degree is one of six larceny charges in the New York Penal Code. It is a class D felony. Larceny is a legal term for stealing the property of another person. Property has a very broad definition and can mean money, real property, personal property, computer data, gas, electricity or almost any other thing of value. Under New York Penal Code § 155.35, you have committed grand larceny in the third degree if you steal property and
- The value of the property is more than $3,000, or
- The property is an automated teller machine (ATM) or the contents of an ATM machine.
It is important to note that if you have previously been convicted of grand larceny in the third degree based on stealing from an ATM, if you are charged again the charge will be the more serious crime of aggravated grand larceny of an automated teller machine under New York Penal Code § 155.43.Example
Bob steals 5 cell phones that were display models at a cell phone store. He is quickly caught and charged with grand larceny in the third degree. Bob's defense team objects to the charges arguing that the phones were collectively worth less than $1,000. The prosecutor argues that phones that are the same model sell for $799 each. Bob pointed out that the display phones are not sold to customers. He also pointed out that even if they were they would have a significantly lower value because of the amount of times they are handled while on display. In this case the prosecutor would have a difficult time pinpointing the value of the phones. This would in turn make it difficult for the prosecutor to sustain a grand larceny in the third degree case.Related Offenses
- Grand larceny in the second degree: New York Penal Code § 155.40
- Grand larceny in the first degree: New York Penal Code § 155.42
- Aggravated grand larceny of an automated teller machine: New York Penal Code § 155.43
Unless the theft involves an ATM machine the assessed value of the stolen property will be critical in determining whether or not you should be convicted for grand larceny in the third degree. The prosecutor will seek to assess the highest possible value so that he or she can ensure that you will be convicted of third degree larceny. However, if you can show that the value of the property was $3,000 or less, a charge of grand larceny in the third degree will not hold. The New York criminal code states how the value of stolen property must be determined. Under New York Penal Code § 155.20 the value is the market value of the property at the time and place of the theft. In the alternative, the value will be based on its replacement cost.Sentence
Grand larceny in the third degree is a class D felony. The sentence can range from probation to prison. The maximum prison sentence is 7 years. However, there is no mandatory prison sentence for first time offenders. This means that even though you could be sentenced to up to 7 years if you do not have a criminal record you could be sentenced to probation without any prison time. However, if you have been convicted of a felony within the last 10 years, you will be subject to mandatory minimum sentencing if convicted for grand larceny in the third degree. The minimum sentence ranges from 2-4 years in prison.New York Penal Code § 155.35: Grand larceny in the third degree
A person is guilty of grand larceny in the third degree when he or she steals property and:
- when the value of the property exceeds three thousand dollars, or
- the property is an automated teller machine or the contents of an automated teller machine.
If you have been charged with grand larceny in the third degree or any other theft crime, you could be faced with having to spend several years in prison. To ensure that you have the best defense given the circumstances of your case, contact an experienced New York grand larceny in the third degree lawyer right away. 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.