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Grand Larceny From the Person
In New York, you can be charged with one of two types or larceny crimes when stealing from a person: robbery and larceny from a person. Larceny is the unlawful and intentional taking of property belonging to another person with the intent to keep it. To “keep” the property means to permanently deprive the person of the item by selling, giving or keeping the property.
The definition of robbery is larceny done with intimidation, threat, force or violence. It means that you or your loved one is accused of causing or threatening the victim physical harm to obtain the stolen property. This act can range from grabbing a purse or punching them to get their money. It’s a different crime from larceny from a person.
What is larceny from a Person in New York?
Larceny from a person is commonly called the “pickpocket statute” because the larceny is committing by taking the property from the person’s body. It sounds complicated, but it’s not. For example, larceny from a person means that you are accused for taking their wallet from their pocket or taking some of value they are holding in their hand. You are not accused of using threats, force, intimidation or violence to get the property.
Grand Larceny from a Person is a Serious Charge
Grand larceny denotes is more serious than a larceny charge because the stolen property has more value. In New York, larceny charges are separated into groups according to the property value. This means that you are charged with grand larceny when the dollar amount of the property is valued higher than $1,000 or more. For example, you can be accused of pickpocketing a wallet which cost $10 and be charged with grand larceny because the person had $3,000 in that wallet.
Prosecutors Must Prove You Committed Larceny from a Person
An arrest is merely an arrest. It doesn’t involve proving your guilt or innocence. Prosecutors must prove your guilt beyond all reasonable doubt when by using the PENN statute 155.00. To try to prove guilty, prosecutors need elements that make up the statute’s definition and evidence. The elements of grand larceny from a person include:
• You took property
• That property was taken from the person. This means you aren’t accused of any other form of theft such as embezzlement or robbery.
• You didn’t intend to return the property to the owner. This means you were going to permanently deprive the owner of the property. This could also mean that you exercise control over the property for an extend time and deprived the owner of the benefit of using it.
• The value of the property taken is more than $1,000.
Punishment for Grand Larceny from a Person in New York
Punishment for this crime depends on the amount of the stolen property. For example, a Class E felony is up to four years in prison. The minimum is one year. The property must be valued at more than $1,000, but less than $3,000.
If the stolen property is value from $3,000 to $50,000, it is a Class D felony. You may be sentenced to at least seven years in prison. The minimum sentence is one year. The punishment for a Class C larceny from a person is at a minimum of one year in prison. The maximum sentence is 15 years in prison.
The property value in a Class C larceny from a person is from $50,000 to $1 million. The harshest sentence is if the property’s value is at more the $1 million. This is a Class B felony. The minimum prison sentence is one year. The maximum prison sentence is up to 25 years.
We are Your New York Law Firm to Represent You in Your Larceny Charge
Grand larceny is a serious charge because you are facing prison time. If you have a prior felony charge within a 10-year period, the minimum time in prison increases six months. Thus, if convicted you’ll send one and one half years in prison.
It’s time to have a smart, experienced legal team on your side. Contact us immediately to defend you against this serious charge. We’re ready to prove your innocence.
Don’t deal with Grand Larceny From the Person alone. Speak to the Spodek Law Group today.
Section of New York’s criminal law PEN 155.00 makes it unlawful to take property belonging to someone else. The general definition of larceny is the trespassory taking of property belonging to another without their permission and intent to permanently deprive.
Property refers to anything that has value. It may be money, personal property, item or real property. To take does not mean to use violent means to obtain property. You can be accused of larceny from a person if you simply take property from a person’s wallet or purse. It can also include, but is not limited to transferring property that has legal interest like a motor vehicle.
The term “without permission” means you are accused of taking the property without the property owner allowing you to do so. The last part of the definition, “to permanently deprive” means you have no intention of giving the property back to the owner. It does not mean you intend to keep it. You can be accused of giving the property to a friend or selling it. You can be accused of taking property the owner has no way of giving back.
New York’s Larceny criminal Charges Vary from a Misdemeanor to Felony
Although the definition of larceny may sound simple, it is complicated. The state separates the criminal act into several degrees. The degrees denote the value of the property and the penalty a conviction carries.
Larceny degrees include, but are not limited to:
• Aggravated grand larceny of an Automatic Teller Machine (ATM). This is a Class C Felony.
• Grand larceny in the first degree. This is a Class B felony. This charge includes property stolen valued at $ 1 million or more.
• Grand larceny in the second degree. This is a Class C felony. This charge includes property valued at $50,000 or more.
• Grand larceny in the third degree. This is a Class D felony. This include property stolen that is valued at $3,000 or more.
• Grand larceny in the fourth degree. This is a Class E felony. This includes property stolen of $1,000 or more. It also includes theft by extortion and religious artifacts.
• Petit Larceny. This is a misdemeanor charge. This includes property that is value less than $1,000.
The criminal penalty for a misdemeanor larceny from a person charge is typically months in county jail and fines. A felony conviction of larceny from a person ranges from one to 25 years of prison time and fines.
Defenses to Larceny from a Person in New York
Remember, if you or a loved one is accused of larceny from a person, it is only an accusation. You have not been found guilty of the criminal charge. A lot must happen before any sentencing. From the time of your arrest to the time of trial you have options to avoid the criminal penalties associated with a New York larceny charge and prove your innocence.
Some common defenses to a larceny charge includes attacking the elements of a larceny charge. The elements of larceny involve:
• Taking property belonging to another
• Taking property without permission
• Intending to permanently deprive the owner of their property
For instance, you can claim you had no intent to permanently deprive the owner of their property as a legal defense. This eliminates one element a prosecutor needs to prove you guilty of larceny. Another way to attack the elements is to tell the court you had consent from the owner.
If you can prove you had consent, this negates the larceny charge. You cannot take property the owner allows you to take. Another criminal defense to larceny includes belief the property was yours. Mistake is rarely a legal defense, but if you honestly believed it was your property, you had no intent to commit a crime.
It must be a good-faith belief.
Entrapment is another common defense. You claim that you were led to commit the crime you would not have normally committed. A lot of times this is used when a police officer allegedly convinces you take property that is not yours.
Hire a New York Larceny from a Person Attorney Immediately
Whether you or a loved one has been arrested or you believe you will accused of larceny, contact an attorney immediately. Some of the common defenses used are just some of the larceny defenses used.
Depending on the facts and circumstances of your case, you have a strong defense available to you. You also need a legal team you to represent you. We can negotiate a plea deal or get the case against you dropped. During that time, we will prepare a criminal case that proves your innocence at trial.
You need a legal team ready to prove your innocence. You have plenty of options to a legal defense. Start building a tough defense with the right legal team.