NYC Grand Larceny From the Person Lawyers

Theft can be committed in a variety of different ways. You might steal someone’s property from their car or their home, steal property using the internet as a facilitator, or steal property directly from a person. Stealing directly from an individual is commonly called pickpocketing. While this might seem minor, New York’s penal code has harsh penalties for pickpocketing. Pickpocketing is actually a form of grand larceny, regardless of the value of the items that were stolen.

All grand larceny convictions are felonies. Usually, the value of the property stolen is what determines whether a charge of grand larceny or petit larceny is brought against the defendant. But in cases of pickpocketing, the charge is automatically upped to grand larceny. If you’ve been charged with pickpocketing, it’s essential for you to contact a defense attorney in New York before you speak to the police. Federal Lawyers has experienced criminal attorneys who can help.

Larceny refers to thefts that involve the removal of property from its rightful owner with intention of depriving the owner permanently of that property. “Property” doesn’t have to be money – it can refer to nearly anything that has monetary value, including jewelry, technology, and documents. New York outlines two main types of larcency: petit larceny and grand larceny. Petit larceny is a misdemeanor and usually applies to crimes in which the stolen property had a total value of less than $1,000. But grand larceny is a felony.

If you take property from an individual, and the property is valued at $25, but you stole it directly from their person, you will face a felony charge rather than a misdemeanor charge. This is because of how direct the contact with the victim is. This level of contact increases the potential for injury or violence, even if none occur at the time of the theft.

Grand larceny from the person is a Class E felony, which means that you might be sentenced to up to four years in prison. It’s also possible that a judge will only sentence you to probation; it will all depend on the facts of the case.

The exception to this rule is when the property you stole is worth more than $3,000. In these cases, you would be charged with either a Class D, Class C, or Class B felony.

Fourth degree grand larceny doesn’t refer just to pickpocketing in the traditional sense of removing items from the person’s pocket. Its definition encompasses all theft where you stole the property from another individual. Snatching a backpack, purse, or briefcase is also considered theft from the person, even if you didn’t lift anything out of their pockets.

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Third degree grand larceny will be the charge if the stolen property has a value between $3,000 and $50,000. Second degree grand larceny refers to crimes where the property value is between $50,000 and $1,000,000. First degree grand larceny, the most severe form of grand larceny, involves thefts of more than one million dollars in property.

Legal Scenario: What Would You Do?

Scenario

You were walking through Times Square when police stopped you and accused you of lifting a tourist's wallet from their back pocket. Even though the wallet only contained $45 in cash and a few credit cards, you were shocked to learn you're being charged with grand larceny, not petty theft.

How can taking a wallet with less than $50 in it result in a grand larceny charge in New York?

Attorney's Answer

Under New York Penal Law § 155.30(5), stealing property directly from another person's body — regardless of the value — is automatically classified as Grand Larceny in the Fourth Degree, a Class E felony. This means even pickpocketing a wallet with a single dollar inside carries the same charge as stealing property worth over $1,000 in other contexts. A conviction can result in up to four years in state prison, probation, restitution, and a permanent felony record. An experienced NYC criminal defense attorney can challenge the evidence of physical taking, negotiate reduced charges, or pursue dismissal if the prosecution cannot prove the property was removed directly from the victim's person.

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

It’s also possible that you will face other criminal charges when you’re charged with fourth degree grand larceny. Because you stole the item from the person, you might find yourself faced with an assault charge of some kind. You’ll find out what charges have been leveled against you at the arraignment following the arrest. It’s important to have your attorney at the arraignment, as they will be able to understand the charges and discuss your options with you. Sometimes there are rehabilitative options that can make it easier to get a light conviction. You might be able to make a plea deal with the prosecution to plead guilty to lesser charges.