Grand Larceny Weapon Lawyers
In legal terms, theft is called larceny, which is considered a petty crime or petit larceny. However, when it is theft of a property with a more significant amount, it becomes grand larceny. In the United States, the value of the property should be at least $400, but in New York and some states, it should be $1,000 in value or more. Unlike larceny, grand larceny is mostly viewed as a felony, and so, there is a possibility of a much harsher sentence.
In New York City, there are strict laws when it comes to weapons. In fact, prosecutors in the city, as well as Manhattan, Bronx, Brooklyn, and other surrounding suburbs have a zero tolerance policy whenever they handle cases involving weapons or firearms. Compared to most places, it is tougher to buy guns in New York City.
Punishment for Stealing Weapons
According to the New York Penal Code, larceny is defined as withholding, taking, or obtaining a property of another person. Based on the Penal Law § 155.05(1), the named “property” is anything from money, computer data, water, electricity, real property, or personal property. As long as it has value, it is under the term “property.” Therefore, it includes any firearm.
Typically, the severity of the charge is based on the amount of the item stolen. However, it is different with firearms because the slightest charge is a felony, which makes it a serious matter. If you are accused of stealing a weapon, it is essential to contact a lawyer who is experienced in dealing with cases relating to grand larceny, particularly with weapons.
Grand Larceny in the Fourth Degree
Grand larceny relating to firearms or any weapon is under the New York Consolidated Laws, Penal Law – PEN § 155.30., which is Grand Larceny in the Fourth Degree. As stated in subsection seven (7), a person has committed grand larceny in the fourth degree when he or she steals property that consists of at least one firearm, shotgun, or rifle.
In truth, Grand Larceny in the Fourth Degree is considered the least severe out of the grand larceny charges. However, it is still a felony, and there is the possibility of going to jail. Other grand larceny charges are:
Grand Larceny in the Third Degree, which is a Class D felony where the value of the stolen property is at least $3,000 and can lead to probation or serving jail time of up to seven years
Grand Larceny in the Second Degree, which is a Class C felony involving property that is more than $50,000 in value and can lead to probation or prison time of up to 15 years
Grand Larceny in the First Degree, which is a Class B felony and is the most serious with a maximum sentence of 25 years in prison
If a person is charged with grand larceny of a firearm, he or she could be put to prison for up to four years. Possessing stolen firearm that is loaded is even worse as it can lead to a “C” felony charge. It means that a person can stay in jail for up to 15 years, along with a mandatory punishment of three and a half years in prison as the minimum sentence.
While the term property could mean anything of value according to law, the term “firearm” also has a specific definition. It involves the following:
The term “firearm” also describes any weapon made from a shotgun or a rifle. Meanwhile, antique firearms are not included in the definition as stated in the N.Y. Pen. Law § 265.00(3).
A person charged with theft of a weapon would likely face other gun crimes. Here are some examples:
If a person is found what a firearm that is not duly licensed and registered, he or she can be charged with criminal possession of the firearm in the Fourth Degree in Class A misdemeanor (described in N.Y. Pen. Law § 265.01).
A person is found with a firearm with the intent of using it against another individual can cause him or her to be charged with criminal possession in the Second Degree (described in N.Y. Pen. Law § 265.03)
A person with at least ten firearms could be charged with one of the most serious for gun crimes, which is criminal possession of firearms in the First Degree, leading to up to 25 years in prison if convicted (described in N.Y. Pen. Law § 265.04).
If you have been implicated or accused of grand larceny charge because of stealing a weapon or firearm, a competent representation is a complete must. It is not suggested that you wait for your arrest or arraignment before you contact a lawyer. Make sure that you have someone with experience and know-how regarding the criminal justice system in the state so that you get the guidance you need right from the beginning of your case.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic