Grand Larceny From the Person
Section of New York’s criminal law PEN 155.00 makes it unlawful to take property belonging to someone else. The general definition of larceny is the trespassory taking of property belonging to another without their permission and intent to permanently deprive.
Property refers to anything that has value. It may be money, personal property, item or real property. To take does not mean to use violent means to obtain property. You can be accused of larceny from a person if you simply take property from a person’s wallet or purse. It can also include, but is not limited to transferring property that has legal interest like a motor vehicle.
The term “without permission” means you are accused of taking the property without the property owner allowing you to do so. The last part of the definition, “to permanently deprive” means you have no intention of giving the property back to the owner. It does not mean you intend to keep it. You can be accused of giving the property to a friend or selling it. You can be accused of taking property the owner has no way of giving back.
New York’s Larceny Criminal Charges Vary from a Misdemeanor to Felony
Although the definition of larceny may sound simple, it is complicated. The state separates the criminal act into several degrees. The degrees denote the value of the property and the penalty a conviction carries.
Larceny degrees include, but are not limited to:
• Aggravated grand larceny of an Automatic Teller Machine (ATM). This is a Class C Felony.
• Grand larceny in the first degree. This is a Class B felony. This charge includes property stolen valued at $ 1 million or more.
• Grand larceny in the second degree. This is a Class C felony. This charge includes property valued at $50,000 or more.
• Grand larceny in the third degree. This is a Class D felony. This include property stolen that is valued at $3,000 or more.
• Grand larceny in the fourth degree. This is a Class E felony. This includes property stolen of $1,000 or more. It also includes theft by extortion and religious artifacts.
• Petit Larceny. This is a misdemeanor charge. This includes property that is value less than $1,000.
The criminal penalty for a misdemeanor larceny from a person charge is typically months in county jail and fines. A felony conviction of larceny from a person ranges from one to 25 years of prison time and fines.
Defenses to Larceny from a Person in New York
Remember, if you or a loved one is accused of larceny from a person, it is only an accusation. You have not been found guilty of the criminal charge. A lot must happen before any sentencing. From the time of your arrest to the time of trial you have options to avoid the criminal penalties associated with a New York larceny charge and prove your innocence.
Some common defenses to a larceny charge includes attacking the elements of a larceny charge. The elements of larceny involve:
• Taking property belonging to another
• Taking property without permission
• Intending to permanently deprive the owner of their property
For instance, you can claim you had no intent to permanently deprive the owner of their property as a legal defense. This eliminates one element a prosecutor needs to prove you guilty of larceny. Another way to attack the elements is to tell the court you had consent from the owner.
If you can prove you had consent, this negates the larceny charge. You cannot take property the owner allows you to take. Another criminal defense to larceny includes belief the property was yours. Mistake is rarely a legal defense, but if you honestly believed it was your property, you had no intent to commit a crime.
It must be a good-faith belief.
Entrapment is another common defense. You claim that you were led to commit the crime you would not have normally committed. A lot of times this is used when a police officer allegedly convinces you take property that is not yours.
Hire a New York Larceny from a Person Attorney Immediately
Whether you or a loved one has been arrested or you believe you will accused of larceny, contact an attorney immediately. Some of the common defenses used are just some of the larceny defenses used.
Depending on the facts and circumstances of your case, you have a strong defense available to you. You also need a legal team you to represent you. We can negotiate a plea deal or get the case against you dropped. During that time, we will prepare a criminal case that proves your innocence at trial.
You need a legal team ready to prove your innocence. You have plenty of options to a legal defense. Start building a tough defense with the right legal team.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic