Grand Larceny in the Second Degree (New York Penal Law 155.40) is the lower of the two most significant degrees of theft and larceny in New York. However, an experienced New York criminal lawyer or theft crimes attorney will certainly tell you that NY PL 155.40 may not be the highest or top Grand Larceny crime, but one that could easily land you in prison for a significant period of time.
Grand Larceny in the Second Degree is often associated with:
Irrespective of whether the theft occurred by one means or another, the threshold for NY PL 155.40 is whether or not you stole or took property valued greater than $50,000, but equal to or less than $1,000,000.
In an Embezzlement scheme, for example, this financial amount may be easily calculated by adding up the monies alleged to have been illegally appropriated. This total value of a larceny from the same non-profit, employer or bank can be aggregated over lengthy time periods and through numerous transactions. If your conduct is more of a Scheme to Defraud where you had numerous victims, aggregation is generally not permitted although some case law does support it. In such a case, you may be charged not with one count of Grand Larceny in the Second Degree, but numerous counts of lesser Grand Larceny crimes. Unfortunately, you will be far from "out of the woods." In lieu of charging Grand Larceny in the Second Degree it is likely that prosecutors will be able to charge you with Criminal Possession of Stolen Property in the Second Degree for possessing the stolen proceeds or property.
Punishable by up to five to fifteen years for a first time offender, this "C" felony has no mandatory minimum prison sentence. That means that a sentence from a conditional discharge to a stint in prison is possible. Should your approach be to negotiate a lesser plea or to mitigate your conduct, a concise defensive plan and direct approach should be something to consider with your legal counsel. For those individuals who are predicate felons with a criminal record, three to six years and seven and one half to fifteen years are the maximum terms of incarceration. Whatever your defensive plan is, the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC will attempt to craft the best defense for your circumstances.
To further educate yourself on Grand Larceny in the Second Degree as well as other New York theft crimes, review this website and both the NewYorkCriminalLawyerBlog.Com and the NewYorkTheftAndLarcenyLawyersBlog.Com. There you will find analysis of theft and larceny statutes in New York as well as interpretations of legal decisions. Armed with a basic understanding of the law in New York, put yourself on the right path to best avoid the ramifications and consequences of your Grand Larceny arrest and consult with the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC.