NYC Grand Larceny of an Automated Teller Machine Lawyers
New York law has two different types of larceny: petit larceny and grand larceny. Larceny is the taking, obtaining, or withholding of another person’s property. Petit larceny involves theft of property valued at no more than $1,000. The maximum penalty for petit larceny is 1 year in jail. Grand larceny is a more serious charge that typically involves the stealing of property valued over $1,000. However, there are some circumstances that will raise theft of property worth less than $1,000 to the level of grand larceny. Under New York law, one of those circumstances is the theft of an automated teller machine or its contents. The stealing of an ATM or its contents is treated at a minimum as grand larceny in the third degree. The dollar value stolen from the ATM is immaterial. Grand larceny in the third degree is a Class D felony. If you are convicted of stealing an ATM or its contents for the second time in five years, the charge will be upgraded to a more serious charge. This charge is a Class C felony. A conviction for a Class C felony can net you a maximum of 15 years in prison. Since the aggravated charge requires a prior conviction, there is no way you can avail yourself of New York’s first-time offender law. That means if convicted you must serve a minimum of 3 years.
The penalty for a grand larceny conviction goes up based on the value of stolen property, with the most serious charge carrying a maximum of 25 years in prison. Grand larceny in the fourth degree is the theft of property valued at less than $1,000. A Class E felony, this crime carries a maximum four-year prison sentence. Third-degree grand larceny is the theft of property worth more than $3,000. It is a Class D felony that carries a maximum of seven years in state prison. Grand larceny in the first degree carries a maximum prison sentence of 25 years. This Class B felony involves the theft of property worth more than $1 million.
There are other charges you could potentially face if arrested for grand larceny of an automated teller machine. For instance, you might also find yourself charged with possession of stolen property. If the ATM theft involving the use of another person’s ATM card, you could be facing grand larceny in the fourth degree. All of the crimes mentioned above are felony charges. A conviction on any of them could lead to a substantial prison stay among other consequences.
Are you facing charges of stealing an automated teller machine? If so, a conviction could cost you 15 years of your life in state prison. However, an attorney with experience in criminal defense law may be able to help you craft a defense that will convince a jury you are guilty of no wrongdoing. The Spodek Law Group has the years of experience vigorously defending their clients in courtrooms across New York City. They have defended clients facing a wide range of charges including petit larceny, grand larceny, and aggravated grand larceny of an automated teller machine. You are welcome to set up a free consultation to discuss your case by visiting our website or calling out office toll-free at 888-742-6939.