NYC Grand Larceny Defenses Lawyers
The New York Penal Code outlines these affirmative defenses when an individual is accused of grand larceny:
- In cases where the charge involves embezzlement or trespassory taking, an affirmative defense is evident if the person who took the property had a belief in good faith that they had the right to take the property.
- In cases related to extortion, an affirmative defense can be used when the accused believed that the wrongdoing of the victim might cause the victim to be criminally charged, and the accused threatened the victim to try to force the victim to change whatever wrong might end in these criminal charges.
Larceny is defined in the state of New York as the stealing of another individual’s property. The stolen property might be electricity, gas, computer data, personal property, real property, money, and almost anything that has any particular value. The main factor in the determination of the larceny charge is how valuable the stolen property was. Thefts of property with a total value of less than one thousand dollars will result in a petit larceny charge, whereas thefts of property with a total value higher than one thousand dollars will result in some degree of a grand larceny charge.
Grand larceny is a felony, but different degrees have different classes. The classes range from E to B; there are no Class A grand larceny felonies. There are also no grand larceny misdemeanors of any class.
Petit larceny is considered a Class A misdemeanor, which is the most severe form of misdemeanor. There are some exceptions to the “less than $1,000” rule, mainly when the court has determined that the theft was severe enough to warrant felony charges, even if the overall property value did not equal one thousand dollars.
These types of property might be subject to felony charges when stolen:
- Public records
- Secret scientific materials
- Debit and credit cards
- Property which was removed from someone’s person
- Property acquired through extortion
- Vehicles with values of more than $100
- Religious documents with values of more than $100
- Property that allows the theft of telephone service
- Ammonia used in the manufacturing of methamphetamine
When any of these circumstances are met, the theft will automatically be classified as fourth degree grand larceny at a minimum.
The following are the amounts for varying grand larceny charges:
- Fourth degree grand larceny, a Class E felony: $1,000 to $3,000
- Third degree grand larceny, a Class D felony: $3,000 to $50,000
- Second degree grand larceny, a Class C felony: $50,000 to $1,000,000
- First degree grand larceny, a Class B felony: Over $1,000,000
It’s very important that your criminal defense lawyer verify the assessed value of the stolen property. Sometimes an assessment will be higher than the actual value of the property. If, for example, the prosecution states that the value is $1,500 while the real value is $900, you might be charged with grand larceny when you should be charged with petit larceny.
This is why it’s so important to contact an experienced New York defense lawyer as soon as you’re arrested. Spodek Law Group is a group of lawyers who have extensive experience practicing law in the New York City area.
You might be charged with additional criminal actions in addition to the grand larceny charge. You’ll find out exactly what charges are leveled against you during your arraignment, at which time your lawyer will discuss your options with you.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic