Blog
Grand Theft
Contents
- 1 What is Grand Theft?
- 2 Penalties for Grand Theft
- 3 Legal Defenses for Grand Theft
- 4 Mistaken Identity
- 5 Lack of Intent
- 6 Unlawful Search and Seizure
- 7 Claim of Right
- 8 Petty Theft
- 9 Hiring a Criminal Defense Attorney
- 10 Frequently Asked Questions
- 11 What’s the difference between grand theft and petty theft?
- 12 Can I be charged with grand theft for stealing a car?
- 13 What if I didn’t know the value of the stolen property?
- 14 Can I go to jail for grand theft?
- 15 Do I need a lawyer for grand theft charges?
What is Grand Theft?
Grand theft, also known as grand larceny, is a serious criminal offense involving the unlawful taking of property or money over a certain value. 5 It’s considered a more severe form of theft than petty theft, which typically involves smaller amounts. 6 The line between grand theft and petty theft is often determined by the value of the stolen property, with grand theft applying when the property exceeds a specific dollar amount identified by law. 5 This amount varies between states but is typically between $1,000 and $5,000. 5In some states, grand theft can also occur if a specific type of property is stolen, such as automobiles, firearms, or drugs, even if the property‘s value is below the minimum amount required for grand theft. 5 For example, in New York, grand larceny charges can be applied if the stolen property is valued at over $1,000 or if the stolen property is a firearm, credit card, or vehicle. 5
Penalties for Grand Theft
The penalties for grand theft can be severe, as it’s usually charged as a felony. 3 Potential consequences include:
- Jail or prison time
- Substantial fines
- A felony criminal record
Having a felony conviction on your record can make it more difficult to find employment, housing, or qualify for government benefits. 3 The specific penalties often depend on factors such as:
- The value of the stolen property
- Your prior criminal history
- Whether a firearm was used
- If you fled from law enforcement
- The number of people involved
- If there were multiple thefts 3
In some states, grand theft is divided into different degrees or levels based on the value of the stolen property, with higher values resulting in more severe penalties. 5 For example, in New York:
- Grand Larceny in the Fourth Degree (property valued between $1,000 and $3,000)
- Grand Larceny in the Third Degree (property valued between $3,000 and $50,000)
- Grand Larceny in the Second Degree (property valued between $50,000 and $1,000,000)
- Grand Larceny in the First Degree (property valued over $1,000,000) 5
Legal Defenses for Grand Theft
If you‘re facing grand theft charges, you have legal rights and potential defenses. 3 Some possible legal defenses for grand larceny crimes include:
Mistaken Identity
You may be able to argue that you were misidentified as the perpetrator of the theft. 3 This defense aims to create reasonable doubt about your involvement in the crime.
Lack of Intent
To be convicted of grand theft, the prosecution must prove that you intended to permanently deprive the owner of their property. 3 If you can demonstrate that you had no such intent, it could serve as a defense.
Unlawful Search and Seizure
If the evidence against you was obtained through an unlawful search or seizure that violated your constitutional rights, you may be able to have that evidence suppressed or thrown out. 3
Claim of Right
In some cases, you may be able to argue that you had a good faith belief that you had a legal right to the property in question, negating the intent required for theft. 3
Petty Theft
If the value of the stolen property is close to the threshold for grand theft, you may be able to argue that the offense should be reduced to petty theft, which typically carries less severe penalties. 3It’s important to note that the specific defenses available to you will depend on the circumstances of your case and the laws in your state. An experienced criminal defense attorney can evaluate your situation and advise you on the best legal strategy.
Hiring a Criminal Defense Attorney
If you‘re facing grand theft charges, it’s crucial to hire a skilled criminal defense attorney who can protect your rights and fight for the best possible outcome in your case. A good criminal defense lawyer will:
- Thoroughly investigate the circumstances surrounding your case
- Identify any weaknesses in the prosecution’s evidence
- Advise you on the potential consequences and legal defenses available
- Negotiate with prosecutors for reduced charges or a favorable plea bargain
- Represent you in court and mount an aggressive defense if your case goes to trial
At Spodek Law Group, we understand the gravity of grand theft charges and the potential impact they can have on your life. Our team of experienced criminal defense attorneys is dedicated to providing personalized, aggressive representation to every client we serve.We take a hands-on approach, meticulously researching every detail of your case and leaving no stone unturned in our pursuit of the best possible outcome. Our firm has a reputation for excellence, and we’re not afraid to go toe-to-toe with prosecutors to protect your rights and freedom.If you’re facing grand theft charges, don’t leave your future to chance. Contact Spodek Law Group today for a free, confidential consultation. We’ll listen to your side of the story, explain your legal options, and develop a robust defense strategy tailored to your unique situation.Remember, you don’t have to face these charges alone. With Spodek Law Group on your side, you’ll have a team of dedicated advocates fighting tirelessly to protect your rights and secure the best possible outcome in your case.
Frequently Asked Questions
What’s the difference between grand theft and petty theft?
The primary difference between grand theft and petty theft is the value of the stolen property. Grand theft typically involves property valued above a certain dollar amount (often between $1,000 and $5,000), while petty theft involves smaller amounts. 5 Grand theft is generally charged as a felony, while petty theft is usually a misdemeanor. 3
Can I be charged with grand theft for stealing a car?
Yes, in many states, stealing a vehicle is considered grand theft or grand larceny, regardless of the car’s value. 5 This is because certain types of property, such as automobiles, firearms, and drugs, are treated differently under grand theft laws.
What if I didn’t know the value of the stolen property?
In most cases, your knowledge of the property’s value is not a factor in determining whether you can be charged with grand theft. 3 The prosecution only needs to prove that the value of the stolen property exceeded the threshold for grand theft in that jurisdiction.
Can I go to jail for grand theft?
Yes, grand theft is typically charged as a felony, and a conviction can result in a jail or prison sentence. 3 The length of the sentence will depend on factors such as the value of the stolen property, your criminal history, and the specific laws in your state.
Do I need a lawyer for grand theft charges?
It’s highly recommended that you hire an experienced criminal defense attorney if you’re facing grand theft charges. These are serious felony charges that can result in significant penalties, including jail time and a permanent criminal record. A skilled lawyer can protect your rights, investigate the circumstances of your case, and mount an aggressive defense on your behalf.