NYC Grand Larceny in the First Degree Lawyers
New York state law defines grand larceny as the theft of more than one million dollars worth of property from another person, provided you intend to deprive the other person of the property permanently.
Larceny is one of many theft-related crimes outlined in the penal code. When larceny is committed, the defendant will be charged with petit larceny or grand larceny. Petit larceny refers to the theft of property costing less than $1,000 and is a misdemeanor. Grand larceny is a felony, but the class of felony depends on the degree of grand larceny. First degree grand larceny is the most severe form of grand larceny, and as such is classified as a class B felony. This means that if convicted, you might be sentenced to a maximum of twenty-five years in prison and made to pay a seven-figure fine on top of general restitution.
Because the penalties are so severe, you must contact a skilled New York attorney immediately when you are accused of first degree grand larceny. It’s important to have your attorney at your arraignment and providing you advice on what to say to law enforcement. Spodek Law Group is a conglomerate of attorneys who can provide the best criminal defense for you in a court of law.
Regardless of whether or not you’re a first time offender, a conviction of first degree grand larceny carries the following minimum penalties:
- Between one and three years in prison
- Mandatory fines
- Restitution of the property and any damages that were caused
If you already have a previous criminal record which includes a felony conviction within the last decade, the mandatory minimum prison sentence lengthens to a time period between 4.5 and 9 years.
According to New York law, “property” as pertains to larceny can be almost anything that has monetary value. It doesn’t have to be literal money. Any property of another person’s that is valued at more than one million dollars will result in a first degree grand larceny charge.
The prosecutor does have the responsibility of proving that the value of the property was at least one million dollars. If your defense attorney can contest this and provide proof that the property value was less than one million dollars, you might be able to have your charges lessened. This is an ideal solution considering the hefty penalties for first degree grand larceny.
The law outlines how to assign value to the stolen property. You must use the property’s market value relating to the time and place that the theft took place. When market value can’t be determined, the cost is determined by finding out how much money it would take to acquire a replacement for the property.
It’s important to remember that the prosecution doesn’t have full control over the property assessment. They will try to estimate the property value as highly as they can in order to level higher charges against you. Your defense attorney must do their own assessment to give a realistic view of the situation.
It’s also important to note that even when the charges are reduced, you’re still facing a felony charge that has significant time in prison. The lowest class of felony, Class E, still has a maximum prison time of up to four years. It’s also possible that judges will only require probation in these cases.
If you downgrade your charge from a Class B felony to a Class C felony, you’ll still face significant consequences. The maximum penalty for a Class C felony is fifteen years in prison, and you’ll have to pay additional fines.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic