Manhattan Grand Larceny Lawyers
Grand Larceny is a term meaning to commit personal theft. In order to convict someone of committing grand larceny, 4 separate things must be proven. The first thing that must be proven to convict someone of grand larceny is that they must have successfully tried or attempted to take money or property. The next thing that must be proven to convict someone of grand larceny is that the money or property that was taken belonged to someone else. The third thing that must be proven to convict someone of grand larceny is that the items taken form someone else were taken without the item owner’s permission. The last thing that must be proven to convict someone of grand larceny is that the person who stole the items must have never intended to give the items back to their rightful owner.
What Is Considered First Degree Grand Larceny?
In the state of New York, there are several different degrees of grand larceny. The first degree of grand larceny is when someone steals either cash or items that have a total value of $1,000,000 or more. First degree grand larceny is punishable by up to 25 years in prison and is considered a B class felony.
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(212) 300-5196What Is Considered Second Degree Grand Larceny?
Second degree grand larceny is when someone steals either cash or items that have a value between $50,000 and $999,999. Second degree grand larceny is punishable by up to 15 years in prison and is a C class felony.
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You were arrested after a store's loss prevention team accused you of switching price tags on a $5,000 designer handbag and purchasing it for $49.99 at a Manhattan department store. The district attorney's office has now charged you with grand larceny in the third degree, and you're facing the possibility of a felony conviction on your record.
What are the possible penalties I'm facing for grand larceny in Manhattan, and what defenses might apply to my case?
Under New York Penal Law § 155.35, grand larceny in the third degree involves stealing property valued over $3,000, which is classified as a class D felony carrying up to 7 years in state prison. However, a strong defense in price-tag switching cases often challenges the prosecution's ability to prove all four elements — particularly the intent to permanently deprive the owner of property and that the taking was without consent or authority. We would scrutinize the store's surveillance footage, question whether loss prevention followed proper protocol, and evaluate whether the value of the goods actually meets the statutory threshold for the charged degree. In many cases, we can negotiate the charge down to petit larceny under Penal Law § 155.25, a class A misdemeanor, or pursue an adjournment in contemplation of dismissal if you have no prior record.
This is general information only. Contact us for advice specific to your situation.
What Is Considered Third Degree Grand Larceny?
Third degree grand larceny is when someone steals either cash or items that have a value between $3,000 and $49,999. Third degree grand larceny is punishable by up to 7 years in prison and is a D class felony.
