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Grand Larceny in New York 2024 – All You Need to Know
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Grand Larceny in New York 2024 – All You Need to Know
There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm, so let’s cut right to the chase. Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time, they don‘t look carefully at your situation – they simply want to move on to the next case. At Spodek Law Group, we leave no stone unturned, we do everything possible to win, everything we do is focused on getting you results. We understand the difficult and challenges of going through a case, if you‘re accused of a crime, schedule a consultation with our criminal attorneys today.
What is Grand Larceny in New York?
Grand larceny is a theft crime in New York, it involves the unlawful taking of another person‘s property, with the intent to deprive them of it permanently. So, what do you do, if you get hit with one of these things? Let’s break it down.There are four degrees of grand larceny in New York, ranging from fourth degree (least serious) to first degree (most serious). The degree is determined primarily by the value of the stolen property:
- Fourth Degree: Property value over $1,000 but less than $3,000
- Third Degree: Property value over $3,000 but less than $50,000
- Second Degree: Property value over $50,000
- First Degree: Property value over $1 million
In addition to property value, certain types of property trigger different grand larceny charges regardless of value, such as firearms, vehicles, or credit cards.
The Consequences
Sorry, if that didn’t make sense, let’s look at some examples. If you steal a laptop worth $2,000, that‘s fourth degree grand larceny, a class E felony with up to 4 years in prison. But, take a deep breath, if it’s your first offense, you may get probation instead of jail time.Now let’s say you boost a nice car worth $60,000, that jumps to second degree, a class C felony with up to 15 years behind bars. And if you somehow manage to swipe over $1 million in cash or property, you’re looking at first degree grand larceny, a class B felony with a maximum 25 year sentence. Wait, what did you say? Yeah, you read that right – up to 25 years for stealing over a million bucks.The penalties get even harsher if you have prior felony convictions in the last 10 years. Then you‘re a “predicate felon” facing minimum sentences like:
- Fourth Degree: Minimum 1.5-3 years
- Third Degree: Minimum 2-4 years
- Second Degree: Minimum 3.5-7 years
- First Degree: Minimum 4.5-9 years
So in that million dollar theft case, if you have a recent felony record, you’re automatically getting at least 4.5 years in prison, no matter what. The moral? Don’t steal, especially not huge amounts, and definitely not if you’re a repeat offender!
Defending Against Charges
Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could‘ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach, it means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.There are a number of potential defenses to grand larceny charges, depending on the circumstances:
Lack of Intent
For theft crimes like larceny, you need to have intended to permanently deprive the owner of their property. So if you genuinely took something by mistake, thinking it was yours, you can argue lack of intent.
Claim of Right
This defense applies if you had some reasonable basis to believe you had a right to the property, even if that belief was mistaken.
Intoxication
If you were severely intoxicated by drugs or alcohol at the time, to the point of not being able to form criminal intent, that could negate the intent element.
Entrapment
If you were induced by law enforcement to commit a crime you wouldn’t have otherwise committed, you may have an entrapment defense.
Duress
If you were forced to commit the theft under threat of serious harm, you can argue you acted under duress.
Factual Disputes
Often the key issue is simply whether the alleged theft actually occurred at all, or whether the property value meets the charged degree of grand larceny. Conflicting evidence and testimony creates reasonable doubt.Our attorneys will carefully analyze all potential defenses based on the facts of your case. We have extensive experience getting charges reduced or dismissed entirely when the circumstances warrant it.
Sentencing and Consequences
Even if convicted of grand larceny, there may be opportunities to mitigate the consequences at sentencing. The court has discretion, within certain ranges, to impose sentences less than the maximum based on mitigating factors like:
- No prior criminal record
- Minimal property value
- Acceptance of responsibility
- Restitution or efforts to return property
- Substance abuse or mental health issues
- Employment and family circumstances
Our lawyers will make compelling arguments and present evidence to seek the most lenient possible sentence for your situation.A grand larceny conviction, especially a felony, carries serious collateral consequences beyond any jail sentence:
- Criminal record that cannot be expunged or sealed
- Difficulty finding employment or housing
- Loss of professional licenses
- Immigration consequences for non-citizens
- Potential loss of rights like firearm possession or voting
So it‘s crucial to avoid a conviction if at all possible, and to minimize the impacts if convicted. We will explore all avenues to protect your rights and future.