Arrested for Grand Larceny: New York Penal Law Article 155
We’ve previously discussed shoplifting and other theft crimes. In New York, larceny is governed by Penal Law Article 155. While shoplifting typically falls within section 155.25 petit larceny, a defendant accused of taking property of a greater value can face more serious charges. Continue reading to learn about more serious forms of larceny in New York and the penalties they carry. If you’ve been arrested for grand larceny or other theft crimes in New York, call a dedicated New York grand larceny defense attorney for advice and representation.
Base-Level Larceny in New York
In New York, if a defendant is accused of stealing any property, they can be charged with larceny. “Stealing” is defined as wrongfully taking, obtaining, or withholding the property of another with the intent to appropriate the property for themselves or a third person, or with the intent to otherwise deprive the owner of their property. Larceny can be committed in any number of ways, including “trespassory taking” (standard theft, such as shoplifting), pickpocketing, embezzlement, acquiring lost property, and extortion.
Degrees of Grand Larceny
The lowest level of larceny, known as petit larceny, is chargeable as a misdemeanor. In contrast, the defendant can be charged with grand larceny if the property stolen is of sufficient value, or if other conditions are met.
There are four degrees of grand larceny:
Grand Larceny in the Fourth Degree. A defendant can be charged with fourth-degree grand larceny when the property stolen is worth more than one thousand dollars ($1,000), when the property is stolen via extortion or directly from the body of another person, or when certain types of property are stolen. Property that may trigger grand larceny charges includes but is not limited to: public records; secret scientific material; credit cards; firearms; or motor vehicles.
Grand Larceny in the Third Degree. A defendant can be charged with third-degree grand larceny when the property stolen is worth more than three thousand dollars ($3,000), or when the theft involves stealing from an ATM.
Grand Larceny in the Second Degree. A defendant can be charged with second-degree grand larceny when the property stolen is worth more than fifty thousand dollars ($50,000), or when the manner of theft involves extortion by way of threat or abuse of public office.
Grand Larceny in the First Degree. A defendant can be charged with first-degree grand larceny when the property stolen is valued in excess of one million dollars ($1,000,000).
Penalties for Grand Larceny
The penalties for grand larceny range from a few years to a quarter of a century in prison, in addition to restitution and heavy criminal fines. New York law imposes a mandatory minimum prison sentence for first-degree grand larceny, even for first-time offenders, while defendants convicted of lower levels of grand larceny might be able to avoid prison for a first offense.
The penalties for the different levels of grand larceny are as follows:
- Grand Larceny in the Fourth Degree is a class E felony. Defendants convicted of fourth-degree grand larceny face 1⅓ to four years in prison.
- Grand Larceny in the Third Degree is a class D felony. Defendants convicted of third-degree grand larceny face 2⅓ to seven years in prison.
- Grand Larceny in the Second Degree is a class C felony. Defendants convicted of fourth-degree grand larceny face five to 15 years in prison.
- Grand Larceny in the First Degree is a class B felony. Defendants convicted of first-degree grand larceny face up to 12 ½ to 25 years in prison, with a mandatory minimum of one to three years incarcerated even for a first-time offender.
Call for Dedicated Legal Help Fighting Your New York Shoplifting Arrest
If you have been arrested for shoplifting, petty theft, or other criminal offenses in New York, call Dupée & Monroe, P.C., to get help from a seasoned criminal defense lawyer. From our offices in Goshen, we represent clients charged with all manner of criminal offenses in Orange County and throughout the Hudson Valley.