NYC Aggravated Grand Larceny of an Automatic Teller Machine Lawyers

Grand larceny of an automated teller machine (ATM) is a crime under New York Penal Law Section 155.43. Grand larceny of an automated teller machine occurs if you commit grand larceny in the third degree and have been convicted of the same charge within the last five years, classifying you as a second-time offender.

New York Penal Code defines larceny as taking, obtaining, or withholding property that is owned by another person. There are two types of larceny. Petit larceny is applicable if the stolen property is worth less than $1,000. Petit larceny is a misdemeanor, while grand larceny is a felony. Grand larceny involves taking property worth more than $1,000. The charge can also be elevated from a misdemeanor to a felony if the theft involves stealing an ATM or its contents. The crime carries a minimum charge of grand larceny in the third degree, which is a class D felony according to New York Penal Law Section 155.35.

If you are convicted of grand larceny in the third degree and commit the same crime again within five years, the charge will be elevated to a Class C felony. A Class C felony carries a penalty of up to 15 years in prison, and since you’re a second-time offender when charged with this offense, you don’t have the benefit of being a first-time offender to get leniency. The minimum sentence is three years in prison without alternative sentencing options such as jail or probation.

All grand larceny charges could result in spending years in prison. The crime of Grand Larceny in the fourth degree occurs if the stolen property is over $1,000 and classifies it as a Class E felony. The sentence for grand larceny in the fourth degree can include up to four years in prison. Grand larceny in the third degree occurs if the property that was stolen is worth more than $3,000 and carries a possibility of up to seven years in prison as a Class D felony. Aggravated grand larceny of an automated teller machine and grand larceny in the second degree are both Class C felonies. The most severe charge of is grand larceny in the first degree, which is a class B felony, and includes a potential sentence of up to 25 years in prison. The property must be worth over $1 million for the charge of grand larceny to apply.

You can face additional charges if you’re convicted of grand larceny in the third degree or aggravated grand larceny of an automated teller machine. It’s also possible to be charged with possession of stolen property under New York Penal Law Section 165. If you used someone else’s debit or credit card, you can also face charges for credit card fraud. These felony charges carry hefty prison terms that you’ll face if convicted.

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Legal Scenario: What Would You Do?

Scenario

You were arrested two years ago for stealing an ATM from a convenience store and pled guilty to grand larceny in the third degree. Now you've been charged again after police allege you and an accomplice used a stolen truck to rip an ATM from the wall of a bodega in Queens.

Since I already have a prior conviction for ATM theft, what am I actually facing with this new charge?

Attorney's Answer

Because you have a prior conviction for grand larceny in the third degree involving an ATM within the past five years, prosecutors can charge you under New York Penal Law Section 155.43 with aggravated grand larceny of an ATM, which is a Class C felony carrying up to 15 years in prison. This is a significant enhancement over the standard third-degree grand larceny charge under Penal Law Section 155.35, which is only a Class D felony. A strong defense strategy may involve challenging whether the prior conviction actually qualifies under the statute or whether the prosecution can prove you personally committed the physical taking. We would also examine the circumstances of your arrest, including whether law enforcement had probable cause and whether any statements you made were obtained in violation of your Miranda rights.

This is general information only. Contact us for advice specific to your situation.

A conviction of aggravated grand larceny of an automated teller machine carries a minimum of three years in state prison and a maximum of 15 years. It’s essential that you contact a professional with experience defending cases involved grand larceny of an automated teller machine, grand larceny, and other theft crimes to guide you through the process from start to finish. The experienced attorneys at Federal Lawyers can ensure that your rights are protected and help defend you against the charges. We have multiple offices to allow you to create an appointment when it is convenient for you.