New York Grand Larceny Frequently Asked Questions

| by gs262000@gmail.com

Last Updated on: 28th September 2023, 10:02 pm

 

New York Grand Larceny Frequently Asked Questions

Being charged with grand larceny in New York can be scary. You probably have a lot of questions about what it means and what could happen. This article will try to answer some of the most common questions people have when facing grand larceny charges in New York.

What is grand larceny in New York?

Grand larceny refers to the theft of property valued over $1,000 in New York. It is considered a felony offense. Grand larceny charges can result from:

• Stealing property directly
• Embezzlement
• False pretenses
• Trickery or deceit
• Any other means of depriving someone of property unlawfully

If the stolen property is valued at $1,000 or less, it is considered petit larceny, which is a misdemeanor. But anything over $1,000 makes it a felony grand larceny charge [1].

What are the different degrees of grand larceny in New York?

There are four degrees of grand larceny in New York:

1. Grand larceny in the first degree – Property value over $1 million
2. Grand larceny in the second degree – Property value over $50,000
3. Grand larceny in the third degree – Property value over $3,000
4. Grand larceny in the fourth degree – Property value over $1,000

The higher degrees (1st and 2nd) are higher class felonies and carry stiffer maximum prison sentences. Grand larceny 1st degree is a class B felony with up to 25 years in prison, for example [6].

What are the penalties for grand larceny in New York?

The penalties depend on the degree of grand larceny, but all degrees are felonies with the following maximum sentences:

• Grand larceny 1st degree: Up to 25 years in prison
• Grand larceny 2nd degree: Up to 15 years in prison
• Grand larceny 3rd degree: Up to 7 years in prison
• Grand larceny 4th degree: Up to 4 years in prison

In addition to imprisonment, grand larceny can also result in probation, fines, restitution, and a permanent criminal record. The DA may offer plea bargains with lesser penalties in exchange for a guilty plea [4].

What are some common defenses against grand larceny charges?

There are several legal defenses that a knowledgeable New York grand larceny attorney may use to fight the charges, including:

• You had permission or authority to take the property
• The property’s value is under $1,000
• You had no intent to permanently deprive the owner
• You had a claim of right or ownership of the property
• The property was abandoned by the owner
• You were falsely accused or wrongly identified
• There is insufficient evidence against you

An attorney can evaluate the details of your case and decide on the best defense strategy to pursue [3].

Can a grand larceny charge ever become a federal case?

Yes, grand larceny can potentially become a federal case if certain circumstances are involved, such as:

• The theft occurred across state lines or on federal land
• The stolen property was transported across state lines
• The victim was the federal government
• The theft involved federal funds, like Medicare or Social Security
• The defendant has prior felony convictions

A federal grand larceny conviction can result in even harsher penalties than under state law. Hiring an experienced criminal defense lawyer is essential [3].

What happens if I have a prior grand larceny conviction?

Having a prior grand larceny conviction on your record means any subsequent offense will be treated more harshly. A second grand larceny conviction can result in enhanced penalties, including:

• Higher maximum prison sentence
• Higher degree felony charge
• Mandatory minimum sentence
• Persistent felony offender status

Never assume a second grand larceny charge is no big deal because you’ve been through the system already. The consequences will likely be much more severe [2].

Can a grand larceny conviction affect my immigration status?

Yes, a grand larceny conviction can negatively impact your immigration status if you are not a U.S. citizen. Felonies like grand larceny are considered “crimes involving moral turpitude” that can trigger deportation proceedings. Even a misdemeanor petit larceny conviction could still carry immigration consequences. Consult with an immigration attorney to understand how a larceny conviction may affect your specific situation.

Will a grand larceny conviction stay on my record permanently?

Unfortunately, yes. Like all felony convictions in New York, a grand larceny conviction remains on your criminal record permanently. Only in very rare cases can felonies be expunged or sealed from a criminal record after a period of time. For most people, a felony grand larceny conviction will stay on your record for life, which can negatively impact employment, housing, and other opportunities.

Should I accept a plea bargain or go to trial for grand larceny charges?

This is a critical decision that should be made after consulting closely with your New York grand larceny lawyer. They will assess the evidence against you, possible defenses, your prior record, and the plea bargain offered by the prosecution. In many cases, accepting a plea to a lesser charge may be the best option to reduce penalties. But if you have a strong defense, taking it trial may make sense too. Never accept or reject a plea deal without your attorney’s guidance.

What should I do if I’m being investigated or charged with grand larceny?

Here are some important steps to take:

1. Remain silent and avoid speaking to police without your lawyer
2. Hire an experienced NY grand larceny attorney right away
3. Follow your lawyer’s advice about cooperating with the investigation
4. Ask your lawyer to negotiate with the prosecutor on your behalf
5. Have your lawyer keep you informed about the status of your case

With an aggressive defense, many grand larceny cases can be reduced or even dismissed, so be sure to take it seriously and get legal help immediately.

What factors may increase or decrease grand larceny penalties?

Factors that generally increase penalties include:

• Higher stolen property value
• Defendant abused a position of trust
• Prior grand larceny or felony record
• Defendant was leader of a theft ring
• Victim was elderly, disabled, or otherwise vulnerable

Factors that may decrease penalties include:

• Lower stolen property value
• First-time offender
• Minor role in the offense
• Returning or recovering stolen property
• Cooperating with the investigation

An experienced attorney will know how to present mitigating factors to seek a more favorable resolution in a grand larceny case.

What should I know about retaining a NY grand larceny lawyer?

• Find an attorney experienced specifically in grand larceny defense
• Understand the attorney’s fees and expected costs
• Meet or speak with the attorney before hiring them
• Ask about the lawyer’s track record defending grand larceny cases
• Make sure you feel comfortable communicating openly with the attorney

Don’t just hire any lawyer – you want someone well-versed in NY grand larceny laws and penalties. Thoroughly vet attorneys before choosing one to handle your very serious criminal case.

What happens at a grand larceny arraignment?

The arraignment is your first court appearance after being charged. This brief hearing covers:

• Reading of the formal grand larceny charges against you
• Entering your initial “not guilty” plea
• Prosecutor recommends bail terms to the judge
• Judge decides on bail amount and any pretrial release conditions
• Future court dates are scheduled

Pleading “not guilty” keeps all your legal options open going forward. Your lawyer may argue for release without bail or minimal bail at the arraignment.

Should I testify in my own defense at a grand larceny trial?

Testifying at your own trial is always extremely risky. The prosecution will cross-examine you and try to undermine your credibility. Even honest mistakes in your testimony can damage your case. Generally, defendants are better off not testifying. Your attorney may recommend it only if they feel it’s absolutely necessary and you would be an extremely compelling, credible witness in your own defense. Otherwise, it’s usually best to exercise your right to remain silent.

Can I go to jail after a grand larceny conviction?

Yes, jail or prison time is possible with any grand larceny conviction since they are all felonies under New York law. Even 4th degree grand larceny carries up to 4 years in state prison. The higher degrees allow up to 25 years imprisonment. Your actual sentence may depend on factors like your prior record, the property value, and whether you accept a plea bargain. But no grand larceny conviction should be taken lightly, as the potential for incarceration is very real.

What is the grand larceny statute of limitations in New York?

For felony charges like grand larceny, the statute of limitations in New York is five years. That means prosecutors have five years from the date of an alleged offense to file formal grand larceny charges. If charges are brought after the five year mark, the case may be dismissed as being outside the statutory limit. The timeframe may also be extended if the defendant leaves New York for a period of time.

Having an experienced criminal defense lawyer can be crucial for identifying potential statute of limitations defenses in grand larceny cases.

Can I get grand larceny charges reduced or dismissed pre-trial?

Yes, it is often possible to get grand larceny charges reduced or even dismissed before your case goes to trial. An experienced criminal defense attorney will thoroughly analyze the prosecution’s evidence and identify any legal or factual weaknesses in their case. Some common ways charges may be reduced or dismissed pre-trial include:

• Lack of evidence – If the prosecution has weak or insufficient evidence against you, your lawyer can file a motion to dismiss.
• Invalid search – If evidence was obtained illegally, it may be excluded and result in dismissal.
• Statute of limitations – Charges filed outside the statute of limitations can be dismissed.
• Plea bargain – The DA may offer a plea deal to a lesser misdemeanor charge.
• Pretrial intervention – First-time offenders may get charges dismissed through a diversion program.
• Defense investigation – Your attorney may uncover evidence that undermines the prosecution’s case.

An estimated 25-33% of felony cases are dismissed before trial, so there is a real possibility of getting grand larceny charges dropped or reduced early on. But this requires having an assertive lawyer ready to exploit any and all weaknesses in the prosecution’s case [1].

Should I accept a plea bargain or fight the charges at trial?

This is a key decision point in any grand larceny case. Accepting a plea bargain will likely involve pleading guilty to a reduced misdemeanor charge in exchange for dropping the felony grand larceny. You avoid the risk of trial but end up with a misdemeanor conviction. Taking the case to trial risks harsher penalties if convicted, but also offers a chance of complete acquittal if you win.

The best approach depends on the specific circumstances of your case. An experienced grand larceny attorney will advise you based on factors like:

• Strength of evidence against you
• Potential defenses
• Your prior record
• Possible plea bargain terms
• Consequences of a conviction

Never decide whether to accept a plea bargain without consulting closely with your lawyer first [2].