NYC Grand Larceny in the Fourth Degree Lawyers

Grand larceny in the fourth degree is a crime under New York Penal Law Section 155.30. You have committed the crime of grand larceny in the fourth degree if you steal and the property is:
• Public record
• Secret scientific material
• Firearm
• Taken directly from a person
• Obtained by extortion
• Worth more than $1,000
• Vehicle worth over $100
• A religious document with an expression of faith worth at least $100
• Used to steal telephone service
• Liquefied or anhydrous ammonia used for the production of methamphetamine

The value of the amount of property that was stolen determines what charge you will face. If the property is worth less than $1,000, the charge will be petit larceny, while if it’s worth more, the charge is a felony. Property value is based on the market value when and where the theft occurred, but if it cannot be determined, the value will instead be calculated by the replacement cost under New York Penal Law Section 155.20.

Understanding the New York Penal Code requires understanding the definitions of “owner” and “property.” Property includes nearly anything such as money, real property, personal property, data, computer programs, water, gas, or electrical services, or anything else that carries value. Stealing specific property such as firearms, vehicles, or credit and debit cards are automatically felonies, even if the value isn’t worth at least $1,000. Stealing directly from someone in an act such as purse snatching or pickpocketing also bumps the charge from a misdemeanor to a felony.

An owner is someone who has the rights to possession superior to all others. If the property has multiple owners through a common or joint partnership, both owners have an equal right to the property. Under New York Penal Law Section 155.00 (5), someone with lawful possession of the property supersedes someone who only possesses a security interest in the property.

Under the statute, the definition of a firearm is a revolver, pistol, or shotgun having one or more barrels less than 18 inches long, an assault weapon, a weapon constructed from a shotgun or rifle, or a rifle having one or more barrels less than 16 inches long. New York Penal Law Section 265.00(3) does not apply the statute to antique firearms.

Secret scientific material must not be intended for anyone besides the owner and those explicitly permitted to access it under New York Penal Law Section 155.30(5). Secret scientific material can include cultures, microorganisms, samples, specimens, recordings, documents, drawings, and any other materials that are used to record technical processes, formulas, or inventions.

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The charge of grand larceny in the fourth degree is the least serious grand larceny charge and is a class E felony. The charge carries a penalty of up to four years in prison, although there isn’t a minimum sentence that must be imposed if you’re convicted of the charge as a first-time offender. If you don’t have a criminal history and it is your first offense, you might receive a reduced sentence such as a short time in jail and/or probation. If you’re a repeat offender and have been convicted of a felony within the past ten years, you’ll face a minimum of 1.5 years in prison.

Legal Scenario: What Would You Do?

Scenario

You were caught shoplifting designer handbags worth approximately $1,200 from a department store in Manhattan. The store's loss prevention team detained you and called the NYPD, and now you've been told you're facing grand larceny charges rather than a simple petit larceny charge.

Why am I being charged with grand larceny in the fourth degree instead of a misdemeanor shoplifting charge, and what kind of penalties am I looking at?

Attorney's Answer

Under New York Penal Law Section 155.30, stealing property valued over $1,000 elevates the charge from petit larceny, a Class A misdemeanor, to grand larceny in the fourth degree, a Class E felony. A conviction carries up to four years in state prison, though first-time offenders may be eligible for probation or a conditional discharge. An experienced defense attorney can challenge the prosecution's valuation of the merchandise, argue for a reduction to petit larceny if the actual value falls below the $1,000 threshold, or negotiate an adjournment in contemplation of dismissal depending on your criminal history. Acting quickly to retain counsel is critical because early intervention can sometimes prevent a felony conviction from appearing on your permanent record.

This is general information only. Contact us for advice specific to your situation.

Contact an attorney as soon as possible if you’ve been charged with grand larceny in the fourth degree to have guidance and ensure that your rights are followed, and you receive the best possible outcome given the circumstances. The charge and process of going through the court is complex, and the attorneys at Federal Lawyers have experience in dealing with larceny, burglary, and other theft crimes and cases to assist you.