In the state of New York, crimes of theft are brought under the category of either Article 155 of New York Penal Law or Article 165 of New York Penal Law. As such, if you steal property that has been valued as being more than $1,000, which includes antiques, cars, money, and clothing, and you’ve done this through extortion, embezzlement, false promise, trick or by any other scheme, you will be charged with the crime of grand larceny.
If you are caught stealing from multiple sets of people or from others in a total amount of less than $1,000, prosecutors may actually still be able to combine the illegal amount that you stole for a felony charge of criminal possession of stolen property. Also, if your theft ultimately consists of smaller larcenies that are all stolen from the same person, prosecutors may also be able to combine your thefts into a felony count of grand larceny. It’s absolutely crucial to realize that the state of New York’s grand larceny crimes are quite serious indeed. After all, these are felonies that can put even a first offender in state prison, and they also can have a broad-reaching impact on your future and reputation unless you find the right NYC grand larceny lawyer.
What is larceny in the state of New York?
If you were to withhold property, or else take away property from another and in doing so steal the property mentioned, regardless of the nature of what you’ve done, you have in fact committed a larceny in the state of New York. As we’ve shown earlier, larceny and theft can also be considered in the form of extortion, embezzlement, shoplifting, or any other kind of trick or scheme. In non-legal terms, a NYC grand larceny lawyer will most likely inform you that if you were to steal something that’s not yours, it is likely that you have either committed a petit larceny (NY PL 155.25) or grand larceny. The differentiator that bumps up the crime from a misdemeanor petit larceny all the way up to a felony grand larceny is the actual value of the property that you have allegedly stolen. So, the potential charges are listed as follows:
- Grand Larceny in the Fourth Degree (NY PL 155.30)
- Grand Larceny in the Third Degree (NY PL 155.35)
- Grand Larceny in the Second Degree (NY PL 155.40)
- Grand Larceny in the First Degree (NY PL 155.42)
If there is property involved in a theft, which is valued to be greater than $1,000, but is not more than $3,000, then the crime is considered grand larceny in the fourth degree in the state of New York. If the value is in fact greater than $3,000, but is less than $50,000, then the crime is called grand larceny in the third degree here in New York. If the value is more than $50,000, but is not more than $1,000,000, then the crime is considered grand larceny in the second degree. Lastly, if the value is in fact in excess of $1,000,000, then a NYC grand larceny lawyer will tell you the crime is known as grand larceny in the first degree.
If it is able to be discovered, the value of the property stolen when a grand larceny or petit larceny scheme is committed is decided to be the market value of said property. If that’s not able to be determined, then the value will be the replacement value. Beyond all of these ways of doing things, the law allows for additional ways to determine cost. If the value still can’t be set, then the law allows that a default value of $250 be determined. Because the value is actually directly related to any of the possible charges within an arrest or indictment, if the value is an issue in your case, you can check with your counsel, who may be able to challenge the legal framework of the way things were valued and ultimately the larceny charges that were made against you.
A conviction for grand larceny can have serious immigration consequences for non-citizens. Both petit larceny and grand larceny are called crimes of “moral turpitude,” which means they can result in deportation and have devastating impact to your life, even beyond your time spent in a criminal court. An impact that can last for years after you last saw a judge. If the amount of theft is over $10,000, the crime can be considered an aggravated felony, also resulting in deportation.
If you happen to be facing charges of petit or grand larceny, you can most definitely count on the years of experience that Joseph Potashnik and Associates, PC offer, with an experience that’s sure to illuminate for you the complexities of New York state law without overwhelming you. At Joseph Potashnik and Associates, PC, the people always come first. Call us today to set up a confidential consultation.