As a New York and Westchester criminal defense attorney, Michael Joseph has handled the criminal defense of grand larceny charges in New York and Westchester. As a New York criminal defense attorney, Michael Joseph has defended criminal charges in the all of the new York metropolitan area Courts including the Bronx, Brooklyn, Queens, Manhattan, White Plains, New Rochelle, Bronxville, Mamaroneck, Ossining, Valhalla, Port Chester, Yonkers, Hartsdale, Valhalla, Mount Vernon, Scarsdale, Rye, Tarrytown, Greenburgh, Elmsford, Mount Pleasant, Mount Vernon and Rockland.
If you have been charged with grand larceny in New York, you need an experienced New York criminal defense attorney. The New York and Westchester prosecutors are notorious for overcharging criminal defendants accused of larceny related charges.
NEW YORK GRAND LARCENY CHARGES
New York Criminal Offenses involving Grand Larceny involve various degrees of severity based largely upon the amount of money stolen.
Grand larceny in the First Degree
Grand Larceny in the First Degree (New York Penal Law 155.42) prohibits stealing property which has a value of over one million dollars. Grand larceny in the first degree is a class B felony.
Grand Larceny in the Second Degree
Grand Larceny in the Second Degree (New York Penal Law 155.40) prohibits stealing property when the value of the property is more than fifty thousand dollars or the property was obtained by extortion. Obtaining property by extortion is getting the property by causing someone to fear that a physical injury will be to someone in the future. Extortion also occurs when property is obtained by causing a person to fear that damage will be caused to property. Extortion also occurs when a property is obtained when a public official uses or abuses his position as a public servant by engaging in official conduct (including failing or refusing to perform an official duty), which adversely affects a person.
Grand larceny in the second degree is a class C felony
Grand larceny in the Third Degree
Grand Larceny in the Third Degree (155.35) occurs when a person steals property which has a value of more than three thousand dollars.
Grand larceny in the third degree is a class D felony.
Grand Larceny in the Fourth Degree
Grand Larceny in the Fourth Degree (New York Penal Law 155.30) occurs when a person steals property which is valued a more than one thousand dollars.
Grand Larceny in the 4th degree also occurs when the stolen property is a public record, a credit or credit card, secret scientific material, property taken from another’s person, property obtained by extortion or a firearm.
Grand Larceny in the 4th degree also occurs when the stolen property is a vehicle which has a value of more than one hundred dollars or a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used for religious worship.
Grand Larceny in the 4th degree also occurs when the stolen property is an access device which is intended for illegal use to obtain telephone service.
Grand Larceny in the 4th degree also occurs when the stolen property is anhydrous ammonia or liquified ammonia gas and the person stealing it intends to use, or knows another person intends to use it to manufacture methamphetamine.
Grand larceny in the fourth degree is a class E felony.
DEFENSES TO LARCENY CHARGES IN NEW YORK INTENT TO DEPRIVE
In New York, Larceny is defined as taking property with intent to deprive another of property or to appropriate the same to himself or to a third person. The lack of an intent to deprive the owner of the property is not larceny. Therefore borrowing or even mistake does not constitute larceny since specific intent to deprive must be proven.
WHAT IS THE PROPERTY WORTH
Value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime. Often prosecutors will allege the value is far in excess of the actual market value of the item. For example, assets which are not new, may rapidly depreciate or loose their value. That the stolen property is worth less than that charged, is a valid basis to seek reductions of the larceny charge.
Larceny charges which do not involve immediate arrests often involve issues of identity. Therefore, surrounding circumstances as to how the defendant came to the police’s attention must be explored. Likewise, actual proof linking the defendant to crime must be explored and the lack of such evidence can often result in reasonable doubt.
Our office proudly serves the criminal defense needs of the New York metropolitan area including New York City and the boroughs of the Bronx, Brooklyn, Queens, Staten Island, and Manhattan. We also represent the Westchester communities of White Plains, Scarsdale, New Rochelle, Mamaroneck, Ossining, Valhalla, Port Chester, Bronxville, Yonkers, Mount Vernon, Valhalla, Scarsdale, Rye, Tarrytown, Greenburgh, Elmsford and Hartsdale
If you have been accused of a larceny related crime, the New York criminal defense lawyers are ready to help. We are on your side. We have evening hours at both our White Plains office and our New York City (Manhattan office).