NYC Grand Larceny Sentencing Guidelines Lawyers

A charge of grand larceny is reserved for severe thefts where the property stolen is worth over $1,000. The charge also applies if any of the property stolen includes a vehicle, firearm, or credit card or if stealing directly from another individual. Grand larceny is split into four different degrees ranging in severity. A past criminal history can also make the charge more serious. First-time offenders tend not to be sentenced to long prison terms, and some may be eligible for probation as an alternative sentence. If you’re a repeat offender with a prior felony conviction, under Penal Law Section 70.04, you’ll be subjected to minimum sentencing guidelines for the charge.

Grand Larceny in the Fourth Degree

The lowest grand larceny charge is grand larceny in the fourth degree, and it is a Class E felony. You can be charged with grand larceny in the fourth degree if the value of the property is more than $1,000, but less than $3,000. You can also receive this charge if the property stolen is a credit or debit card, firearm, or vehicle under New York Penal Law Section 155.30. You can receive up to four years in prison if convicted, but there isn’t a mandatory minimum that must be imposed. If you’re a repeat offender, the law requires a minimum sentence of 1.5 years in prison. First-time offenders may be able to receive five years of probation, or a short jail term followed by post-release supervision through probation.

Grand Larceny in the Third Degree

Grand larceny in the third degree is a step higher and is a Class D felony under N.Y Penal Law Section 155.35. The value of the stolen property must be worth at least $3,000 or theft of an ATM or its contents. An individual convicted of grand larceny faces up to seven years in prison, but there isn’t a minimum requirement for first-time offenders. The sentence could be significantly less prison or jail time or probation in some cases. Repeat offenders must serve a minimum of two to four years in prison.

Grand Larceny in the Second Degree

N.Y Penal Law Section 155.42
If the amount of property stolen is worth at least $5,000 or if the circumstances involved extortion, the charge is grand larceny in the second degree. Someone convicted of grand larceny in the second degree faces up to 15 years in prison, with a mandatory minimum sentence of three to six years in prison for repeat offenders. First-time offenders can receive less time in prison and/or probation for a term of five years.

Grand Larceny in the First Degree

The highest charge of grand larceny is grand larceny in the first degree. Under N.Y Pen. Law Section 155.42, the property stolen must be worth at least $1 million. The charge carries a sentence of up to 25 years in prison. Grand larceny in the first degree is different from the others because there is a mandatory minimum sentence of one to three years for first-time offenders and four and a half to nine years in prison for predicate offenders.

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Legal Scenario: What Would You Do?

Scenario

You were arrested after store security detained you for allegedly switching price tags on a $3,500 designer handbag and attempting to leave without paying the full price. The prosecutor is now charging you with grand larceny in the third degree, and you have a prior misdemeanor shoplifting conviction from two years ago.

What kind of sentence am I realistically facing for a third-degree grand larceny charge in New York City with a prior theft conviction?

Attorney's Answer

Grand larceny in the third degree under New York Penal Law § 155.35 is a class D felony, which carries a potential sentence of up to 7 years in state prison. Because you have a prior theft-related conviction, the judge and prosecutor are less likely to offer a favorable plea, and you could face enhanced sentencing as a predicate offender under Penal Law § 70.06. However, depending on the specifics of your case, we may be able to negotiate alternatives such as a reduced charge to grand larceny in the fourth degree or even a conditional discharge with restitution, particularly if this is your first felony. An experienced NYC grand larceny attorney can challenge the valuation of the property, the circumstances of the detention, and push for a disposition that keeps you out of prison.

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

Contact an experienced lawyer as soon as you know you’re going to be charged with grand larceny. An attorney from Federal Lawyers group with years of experience dealing with individuals charged with theft crimes can advise you on the different degrees of grand larceny and ensure the charge is appropriate. We have multiple officers to cater to your needs. Give us a call today at 1-888-729-7065 and get the representation you need.