Staten Island Grand Larceny
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The offense of Grand Larceny is prevalent not only in NY but across the United States. There are four degrees of this crime. This offense is defined as the taking the property of another that has a value of over $1,000. If the value of the item is less than $1,000 the offense is considered petit larceny. If you or a loved one have been charged with this crime, it is important to speak with a Staten Island Grand Larceny Lawyer for guidance. Contact Stephen Bilkis & Associates, PLLC for a free consultation.
There are four degrees of this offense, which are defined in New York Penal Law Section 155.3 to 155.42.
4th Degree: This offense involves the taking of property that is valued at over $1,000 but not more than $2999. This offense is also committed when a public record has been stolen, an item of religious worship has been taken, or a fire arm is stolen. This is an E felony.
3d Degree: This offense is committed when the value of the item is between $3,000 and $49,000. This offense is considered a D felony.
2d Degree: This offense involves property that has a value of between $50,000 to $999,999. This offense is considered to be a class B felony.
1st Degree: This offense involves property that has a value of one million dollars or higher. This is a B felony offense.
What many don’t realize that is with this crime, the amounts are cumulative. This means that if someone took $1,000 per day from an ATM machine for 50 days, the crime committed would be grand larceny in the second degree because the total amount involved is $50,000. This is in contrast to the crime of burglary. If an individual enters a dwelling and takes $1,000 per day for a period of 50 days they would be charged with 50 counts of burglary.
The value of item stolen will determine the degree of larceny involved. If the value cannot be determined, it will be determined by the replacement value. A prosecutor will allege that the value of the item is much higher than the actual replacement value of the item. The defense will argue that the stolen items are worth much less that what the prosecutor alleges in an effort to reduce the larceny charge.
Intent to Deprive
In order for this offense to be committed, the requisite intent must be present, which is the defendant must have intended to permanently deprive the victim of the item. Therefore if an item was taken in error, or only borrowed, the intent is not present.
If the defendant of the crime was not immediately apprehended, the issue of identity can arise. There must be direct proof linking the defendant to the crime. Lack of this direct evidence can create reasonable doubt, which could be detrimental to the case.
If you or a family member has been charged with this or other theft crime, it is important to speak to our skilled legal team for guidance. If you are convicted, the consequences can be serious and life changing. Contact our firm at 1.800.NY.NY.LAW and schedule a free consultation today. We have offices to serve you in New York City, including locations in Manhattan, Queens, Brooklyn, the Bronx and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island, as well as Westchester County.