NY Penal Law § 155.43: Aggravated grand larceny of an automated teller machine

There are many ways to steal and many types of property that can be stolen. Under New York law larceny is one of the terms used for theft. Larceny can involve embezzlement, fraud, or bribery, for example. Different types of property can be stolen including money, personal property, real property, computer data, credit cards, and vehicles. However, stealing from an automated teller machine (ATM) is considered a particularly serious type of larceny. Under New York Penal Code § 155.43 if you steal an ATM or the contents of an ATM and have previously been convicted of grand larceny in the third degree under New York Penal Code § 155.35 based on having stolen from an ATM, you will be charged with the more serious crime of aggravated grand larceny of an automated teller machine.

Joyce steals her boyfriend's ATM card. She knows the PIN number as she has used his ATM card before with his permission. Joyce withdraws $500 from her boyfriend's checking account from an ATM. If Joyce has been previously convicted of grand larceny in the third degree based on stealing from an ATM, this time she could be prosecuted for aggravated grand larceny of an automated teller machine.

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

If you are charged with aggravated grand larceny of an automated teller machine based on stealing another person's ATM card and withdrawing money, a defense could be that you had permission. For example, if you have your boyfriend's ATM card and PIN number because he has allowed you to use it several times in the past, then you may have a defense against an aggravated grand larceny of an automated teller machine charge.

Aggravated grand larceny of an automated teller machine is a class C felony. While your sentence can range from probation to prison, the maximum possible sentence is up to 15 years in prison.

A person is guilty of aggravated grand larceny of an automated teller machine when he or she commits the crime of grand larceny in the third degree, as defined in subdivision two of § 155.35 of this article and has been previously convicted of grand larceny in the third degree within the previous five years.

If you are convicted of aggravated grand larceny of an automated teller machine you will spend up to 15 years in state prison. However, there may be defenses to such charges that only an experienced attorney would know. 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.