Grand Larceny & Felony Theft
In New York, all theft crimes eventually come back to either Article 155 of the New York Penal Law or Article 165 of the New York Penal Law. That is, if you steal property valued in excess of $1,000 - money, cars, antiques, clothing, etc. - through Embezzlement, Extortion, false promise, trick or any other scheme, you will be charged with Grand Larceny. If you steal from multiple people or entities in amounts less than $1,000, prosecutors may still be able to aggregate the illegal proceeds you obtained for a felony charge of Criminal Possession of Stolen Property. Alternatively, if your alleged theft consisted of smaller larcenies from the same person, prosecutors may also be able to aggregate your actions into a felony count of Grand Larceny. If anything should be clear from this website, it is imperative to recognize that New York's Grand Larceny crimes are extremely serious. Not only are they felonies that can land a first time offender in state prison, but they can have, and often do have, a horrendous impact on the career, immigration status and future of the accused.
- Theft Convictions: Collateral Consequences
- Theft Crimes Sentencing Guidelines
- Defenses to Theft & Larceny
What is Larceny in New York
If you withhold property or deprive property from another and in doing so wrongfully take that property, regardless of its nature, you have committed a larceny in New York. As noted above, larceny and theft may be in the form an Embezzlement, Extortion, shoplift, trick or any other scheme. In non-legal terms, a criminal lawyer will tell you that if you steal something that is not yours, it is likely that you have committed either a Petit Larceny (NY PL 155.25) or Grand Larceny. What "kicks up" the crime from a misdemeanor Petit Larceny to a felony Grand Larceny is the value of the property allegedly stolen.
- 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 property involved in a theft is valued in excess of $1,000, but not more than $3,000, then the crime is Grand Larceny in the Fourth Degree. If the value is greater than $3,000, but no more than $50,000, then the crime is Grand Larceny in the Third Degree. If the value is greater than $50,000, but not more than $1,000,000, then the crime is Grand Larceny in the Second Degree. Lastly, if the value is in excess of $1,000,000, then the crime is Grand Larceny in the First Degree.
Defining Value: Market, Replacement or another Measure
If it is ascertainable, the value of the property stolen in a Grand Larceny or Petit Larceny scheme is deemed the market value of that property. If that is not capable of being determined, then that value is the replacement value. Beyond these means, the law, pursuant to New York Penal Law 155.20, permits additional avenues to determine cost. If the value still cannot be set, then the law permits a default value of $250. Because value is directly related to any possible charges in an arrest or indictment, should value be an issue in your case, consult with counsel who may be able to challenge the legal basis of the valuation and subsequently the larceny charges against you.
Both Petit Larceny and Grand Larceny are crimes of "moral turpitude" that can have devastating impact to your life well beyond your time spent in a criminal court and linger for years after you last saw a judge. As New York criminal lawyers and former Manhattan prosecutors who have both defended and prosecuted those accused of larceny crimes, the attorneys at Crotty Saland PC have the experience, knowledge and tenacity to help move you past a theft allegation. We encourage you to review the website as well as our two blogs - the NewYorkTheftAndLarcenyLawyersBlog.Com as well as the NewYorkCriminalLawyerBlog.Com - to educate yourself on the law. Armed with a basic understanding of criminal statutes and cases that define theft crimes, contact our New York criminal lawyers to identify your defense and to set it into motion.
Contact the New York Criminal Defense Attorneys & Theft Lawyers Online or at 212.312.7129 Now.