NYC Grand Larceny in the Second Degree Lawyers

Being charged with a crime in New York is always something that needs to be taken very seriously. One charge that can come with some significant penalties if you are found guilty is grand larceny in the second degree. In general, grand larceny refers to a crime in which you steal some personal property from another person. This is a relatively open-ended term, which can include stealing money, personal items, utilities, computer data, or any other tangible asset for another part.

Examples of the Crime
In order to be charged with grand larceny in the second degree, you will need to meet a few different requirements. The most common requirements is that the amount of money or property you stole is worth $50,000 or more. Furthermore, grand larceny in the second degree often requires that you will extort the victim by stating that you will harm the victim or damage the property if they report you. You can also be charged with grand larceny in the second degree if you are a public servant and make the victim feel uncomfortable that you would use your power against them.

Potential Penalties
Since theft of all kinds is take very seriously, grand larceny in the second degree can come with some significant penalties under NY Penal Law section 155.00(1). Overall, there are four levels of grand larceny that are covered under the current penal code and grand larceny in the second degree is the second most severe. A crime will be considered first degree once the value of the stolen item exceeds $1 million.

Currently, the law in the penal code has some flexibility when it comes to fines and imprisonment. The amount of time you will have to spend in prison and the financial penalties will vary based on the severity of the case. If you are charged with grand larceny in the second degree, you could expect to spend at least one year in prison, although there are situations in which the penalty will be more significant. If someone is injured or harmed due to your theft, you could end up facing even more time behind bars. Since this is a Class C Felony, you could technically spend up to 15 years in prison. Generally speaking, if you have been a repeat offender, you should expect to spend more time in prison than someone that has never been convicted for a crime before.

Defense Strategies
After being charged with grand larceny in the second degree, there are a number of defense strategies that you could try and pursue. One of the main strategies is to state that you did not know that you were taking something that belonged to someone else. Depending on the situation, you can claim that you thought the items were your belongings or that they were completely abandoned.

Another option is to claim that the evidence was obtained illegally. If the police did not have a warrant in place they may have obtained the evidence without cause. This could allow the evident to be thrown out.

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Legal Scenario: What Would You Do?

Scenario

You were arrested after a store's loss prevention team accused you of stealing over $50,000 worth of merchandise through a return fraud scheme at a major NYC retailer over several months. The district attorney has charged you with grand larceny in the second degree under New York Penal Law § 155.40, and you're facing the possibility of years in state prison.

What kind of penalties am I actually looking at for a second-degree grand larceny charge in New York, and is there any way to get the charge reduced?

Attorney's Answer

Grand larceny in the second degree is a class C felony in New York, carrying a potential sentence of up to 15 years in state prison when the value of the stolen property exceeds $50,000 under Penal Law § 155.40. However, an experienced defense attorney can challenge the prosecution's valuation of the allegedly stolen goods, dispute the evidence linking you to the scheme, or negotiate for a reduction to a lesser larceny charge such as grand larceny in the third or fourth degree. In many cases, especially for first-time offenders, we can pursue alternatives like restitution agreements or plea arrangements that significantly reduce exposure to incarceration. The key is acting quickly so your attorney can preserve surveillance evidence, interview witnesses, and begin building your defense before the case advances further.

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

Hire Legal Support
If you are charged with grand larceny in the second degree, you need to take the charges very seriously. To ensure that your rights are properly represented, it would be a very good idea to hire a criminal defense attorney that specializes in defending these types of cases. A grand larceny criminal defense lawyer in New York will be able to help you to develop a case that could help to minimize your potential punishments. Furthermore, they may be able to work with the prosecutors to allow you to plea to a lesser charge.