Theft Crimes Sentencing Guidelines

Regardless of the theft or larceny crime you are ultimately convicted of, each offense under New York Penal Law Articles 155 and 165 is punishable by incarceration. Does that mean as a first time offender arrested in Manhattan for shoplifting (New York Penal Law 155.25) or in Brooklyn for Grand Larceny in the Third Degree (New York Penal Law 155.35) by Embezzlement you must be sentenced to prison? Simply put, the answer is “no.” While incarceration may not be mandatory in each case, jail or prison is often a very real possibility. Obviously, criminal history and the value involved in an alleged theft is relevant to a sentence a prosecutor will offer or judge will impose. Make no mistake. There is a vast difference in the eyes of law enforcement between a $250 theft and a $2,500, $25,000, $250,000 or $1 million larceny. While prison may not be always mandatory, your criminal attorney may have his or her hands full when convincing the court that you should walk away from a criminal allegation with your freedom preserved.

Generally speaking, an individual accused of a theft crime in New York such as Embezzlement, Extortion, Shoplifting, Mortgage Fraud, Criminal Possession of Stolen Property or Grand Larceny can face one or a combination of prison, jail, probation, community service or a fine. If the defendant is a predicate felon accused of perpetrating a second felony crime within the past ten years, the new felony theft offense will require mandatory imprisonment.

The following guidelines for New York State larceny crimes applies to those who are first time offenders as well as those who are predicate felons. Avoiding these sentences, whether by mitigation or full legal confrontation, will unquestionably require the assistance of a criminal lawyer experienced in New York’s criminal courts and versed in these specific crimes.

• Examples include: Shoplifting arrests involving Criminal Possession of Stolen Property in the Fifth Degree (NY PL 165.40) and Petit Larceny (NY PL 155.25)
• Regardless of criminal history, an “A” misdemeanor is punishable by up to one year in jail without a mandatory minimum.
• Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.
• Ramifications to Petit Larceny & Shoplifting Arrests: Foreign Nationals & Immigration
• Ramifications to Petit Larceny & Shoplifting Arrests: Careers, Licenses & Certifications

• Examples include: Any form of Embezzlement, Credit Card Theft, Pickpocket or other larceny involving in excess of $1,000 but no more than $3,000 pursuant to Grand Larceny in the Fourth Degree (NY PL 155.30).
• First time offenders face no minimum sentence, but up to one and one third to four years in prison. Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.
• Predicate felons face a minimum of one and one half to three years and a maximum of two to four years in state prison.

• Examples include: Any form of Embezzlement, Extortion or other theft in excess of $3,000, but not more than $50,000 pursuant to Grand Larceny in the Third Degree (NY PL 155.35). Additionally, Criminal Possession of Stolen Property in the Third Degree (NY PL 165.50) is one of many other “D” felony offenses.

• First time offenders face no minimum sentence, but up to two and one third to seven years in prison. Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.
• Predicate felons face a minimum of two to four years and a maximum of three and one half to seven years in state prison.

• Examples include: Grand Larceny in the Second Degree (NY PL 155.40) for thefts such as Embezzlement in excess of $50,000, but equal to or less than $1 million, Criminal Possession of Stolen Property in the Second Degree (NY PL 165.52) for similar thefts and Mortgage Fraud in the Second Degree (NY PL 187.20).
• First time offenders face no minimum sentence, but as much as five to fifteen years in prison. Alternate sentences include probation, probation coupled with jail, community service, fines and a conditional discharge.
• Predicate felons face a minimum of three and one half to seven years and a maximum of seven and one half to fifteen years in state prison.

• Examples include: Grand Larceny in the First Degree (NY PL 155.42) for thefts such as Embezzlement in excess of $1,000,000, Criminal Possession of Stolen Property in the First Degree (NY PL 165.54) for similar thefts and Mortgage Fraud in the First Degree (NY PL 187.25).
• First time offenders face a minimum of one to three years in prison and a maximum of eight and one third to twenty five years. Probation and community service are not options
• Predicate felons face a minimum of four and one half to nine years and a maximum of twelve and one half to twenty five years in state prison.

It is critically important to recognize that even if your theft is a “C” felony, for example, where you are alleged to have stolen $15,000, prison or jail may be a possibility despite it not being mandatory. Was your alleged victim a family member, a not-for-profit organization, a religious institution or a small business owner? Over how long a period of time were you alleged to have committed your crime? Was the alleged theft merely to supplement your lifestyle or because you had an ill family member to support? How much, if any, can you pay back? Mitigation aside, are prosecutors merely wrong in their accusation? Can they actually prove this theft? Is exoneration a real possibility? All of these factors are crucial to discuss with your criminal lawyer.

While the New York criminal lawyers and former Manhattan prosecutors at Saland Law have obtained tremendous results for clients, each case is unique. Not attorney can assert that a past result will guarantee a future outcome. Because of this, it is essential to assist your attorney - whether by establishing a mitigation, factual or legal defense – and give that criminal lawyer the weapons to protect your freedom and future.

Contact the New York Criminal Defense Attorneys & Theft Lawyers Online or at 212.312.7129 Now.