Those that are charged with this crime are often also charged with other crimes associated with the use of the firearm or simply possessing the firearm without having the proper license. When you are charged with this crime, there are a variety of penalties that you could be facing including imprisonment or financial penalties.
If you are charged with grand larceny of a firearm you will be charged with grand larceny in the fourth degree. While this is the least severe of all grand larceny charges in New York, there are still some very severe penalties. Those that are charged with grand larceny of a firearm could face up to four years in prison and other very serious penalties.
The actual penalty that you will receive will vary based on a variety of factors. If you ended up using the weapon in another crime, such as you used to commit a robbery or threaten someone else, you will end up facing other severe charges as well. If your only charge was grand larceny of a firearm and you have previously been charged with a gun-related offense, you also likely will receive a more serious penalty than someone that has never been charged with a crime before.
Beyond being charged with grand larceny of a firearm, you could also be charged with other gun-related charges. For example, New York Penal Law 265.01 makes possessing a gun without a license a misdemeanor to even possess a gun. Those that are on probation for gun charges could be in serious charges if they are caught with a gun in any situation.
If you are charged with grand larceny of a firearm, there are a number of different strategies that you could follow to try and beat the charge. One of the most common strategies would be to state that you didn’t realize you had taken a firearm from someone else. It is possible that you accidentally grabbed a backpack that you thought was your own. If this happened to contain a gun in it, you could have cliam that you were ignorant of the crime and didn’t intend to steal the bag or the gun.
Another possible defense could be to state that your rights were violated when the police officers found the weapon on you. If you are not holding the weapon visibly, or doing anything else illegal in the process, the police will need to have a warrant to search you, your home, or your car. If they do not have this right, you could end up having the charges dropped entirely.
When you are charged with grand larceny of a firearm, contacting a criminal defense attorney immediately will be very beneficial. A criminal defense lawyer in New York that is familiar with charges of grand larceny of a firearm and related charges will be able to help you build a defense that could be used to beat the charges. They will also be able to work with prosecutors in an effort to have the charges dropped or reduced. This could allow you to avoid jailtime or more serious financial penalites.