Grand Larceny Criminal Lawyers
Grand Larceny from a 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.
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(212) 300-5196Grand 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.
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You were walking through a crowded subway station when someone accused you of grabbing their phone out of their hand. Police arrested you and you've now been charged with grand larceny from a person under New York Penal Law § 155.30(5), even though you insist it was an accident and you never intended to keep the phone.
What's the difference between grand larceny from a person and robbery, and how serious are the charges I'm facing?
Grand larceny from a person under Penal Law § 155.30(5) is a class E felony carrying up to four years in prison, and it applies whenever property is taken directly from someone's body or immediate possession — regardless of the value. The key distinction from robbery is that robbery under Penal Law § 160.00 requires the use or threat of force, while larceny from a person does not. In your case, the prosecution must prove you intentionally took the phone with the intent to permanently deprive the owner of it, so the lack of intent to keep the property is a strong defense we can build on. We would also examine surveillance footage and witness statements to challenge the claim that you deliberately grabbed the phone rather than accidentally making contact in a crowded station.
This is general information only. Contact us for advice specific to your situation.
