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New York Penal Law 155.40(2): Extortion by Second Degree Grand Larceny

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The significantly more serious of the two specific Grand Larceny by Extortion statutes, New York Penal Law 155.40(2) is a "C" felony punishable by up to fifteen years in prison. New York Penal Law 155.30(6), on the other hand, is "merely" punishable by up to four years in state prison.

An easy way to understand Extortion as an automatic felony (value has no baring on this particular statute) is that you threaten another person into giving you property as proscribed under New York Penal Law 155.02(2), and you do one of the following:

  • Threaten to cause physical injury to a person in the future. "Physical injury" need not be life threatening, but merely something that causes substantial pain such as a deep welt, laceration or black eye.
  • Damage property of another person. No language is contained in the statute depicting the extent or cost of the damage caused.
  • Use your position as a public servant to affect another persons adversely in your connection with your official functions or duties.

As mentioned above, NY PL 155.40(2) is a "C" felony. Although state prison is not mandatory for a first time offender, the potential punishment is as high as five to fifteen years. A predicate felon would face mandatory state prison. Additionally, like other crimes found throughout New York's Penal Law, many offenses may be charged in conjunction with this crime. For example, a "regular" Grand Larceny or Attempted Grand Larceny could also be charged based on the value of the property. In such a case, the additional crime could be equal to or greater than this offense.

Regardless of whether you are charged with this crime or the "E" felony Extortion as defined by New York Penal Law 155.30(6), you may have a defense. Discuss with your criminal attorney whether your conduct can be mitigated, confronted factually, or you can rely on a statutory defense to Extortion. To leave yourself defenseless or to wait to identify and implement a defense may mean the difference between successfully handling the allegations against you or going to prison for an extended period of time.

For abundant, yet practical, material on Extortion and other theft and larceny crimes in New York State, review this website. Additional resources to educate yourself on Extortion and theft crimes also include CrottySaland.Com, NewYorkTheftAndLarcenyLawyersBlog.Com and the NewYorkCriminalLawyerBlog.Com. Beyond merely reciting criminal statutes, these resources offer an analysis of the legal decisions that further establish the law in New York City and beyond. Armed with this information, contact one of Saland Law's New York criminal defense lawyers and former Manhattan prosecutors who will begin not just protecting your freedom, but preserving your future.

Call our Former Manhattan Prosecutors at (212) 312-7129 or Contact Us Online Today.

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