New York Penal Law 155.30(4): Debit Card Grand Larceny & Credit Card Theft
A "sister crime" to Criminal Possession of Stolen Property in the Fourth Degree (New York Penal Law 165.45(2)), Grand Larceny of a Credit Card or Debit Card is an offense routinely seen by New York criminal lawyers who practice in the criminal courts. New York Penal Law 155.30(4) is an "E" felony. As such, a conviction for this crime is punishable by up to four years in prison. Although a first time offenders does no face mandatory incarceration, jail, probation and a felony record are all very real concerns.
Credit card and debit card theft in New York is a relatively easy offense for prosecutors to charge. If you steal a credit card or debit card, then you are guilty of NY PL 155.30(4). Compounding matters, if you steal a briefcase or backpack from a library, bar or subway platform and inside that briefcase or backpack there is a credit card, you will face a felony. In fact, the value of the backpack may be $20 and the other contents may be worth $50, but if you intend to steal the back pack and there happens to be a credit card your crime will be "kicked up" to NY PL 155.30(4). Make no mistake. You need not know your theft also involved credit cards that were tucked away.
Unfortunately for those arrested in New York for Grand Larceny in the Fourth Degree and their criminal attorneys, the law gives prosecutors many advantages. One such advantage is that even if you are not observed stealing the actual credit card or property containing a debit card, if police catch you with the debit card or credit card they can still charge you with a felony. That crime, NY PL 165.45(2), carries with it some legal presumptions. One of those presumptions is that if you possessed two or more stolen credit or debit cars, the law states that a finder of fact (usually a jury, but often a judge) can presume that you were aware the items were in fact stolen. Clearly, such a presumption can handicap your case.
- New York Penal Law 165.45(2): Criminal Possession of Stolen Credit Cards
- New York Penal Law 165.17: Unlawful Use of a Credit or Debit Card
- Theft Convictions: Collateral Consequences
- Theft Crimes Sentencing Guidelines
- Defenses to Theft & Larceny
It should be fairly obvious that any professional - doctor, lawyer, teacher, CPA - who faces a Grand Larceny arrest or indictment can run the risk of decimating his or her career and livelihood. Unfortunately, this is true even if not one day is spent in prison. How will an arrest impact a certification or license? Are you required to inform your employer? If so, what should you tell him or her? Is this a crime of "moral turpitude?" If so, will this impact your employment or immigration statues?
Again, the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC have successfully represented clients arrested for and charged with Grand Larceny crimes. Whether jail or a criminal record is avoidable in your particular case requires a unique assessment. Whatever your best defense may be, contact our criminal lawyers to start the process of protecting your future.
A wealth of information regarding credit card theft, larceny laws and Grand Larceny in New York can be found through this website. Additionally, both the NewYorkTheftAndLarcenyLawyersBlog.Com and NewYorkCriminalLawyerBlog.Com each have a significant amount of accessible information on legal decisions, larceny statutes and cases in the news. With this information in hand, put your best foot forward to preserving your freedom and career.
Call the New York Grand Larceny & Credit Card Theft Attorneys at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now