Petit And Grand Larceny In New York
In New York, “larcenies” are theft-related crimes. So, that means, if you are facing a larceny charge, you are being accused of stealing property. There are two types of larcenies in New York; petit larceny and grand larceny. Petit larceny is generally less serious than grand larceny. However, even a petit larceny charge should be taken seriously.
If you are currently facing a petit larceny charge or grand larceny charge in New York, you need to retain a skilled criminal defense attorney. This is because New York takes the crime of larceny quite seriously. Depending on your case’s specifics, you risk spending up to 25 years in prison if convicted of larceny.
Below is a more in-depth look at grand larceny and petit larceny in New York.
What Is Larceny?
According to New York law, larceny occurs when an individual wrongfully takes, obtains, or withholds another individual’s property with the intention to deprive that individual of the property or to make the same property their own. Under the New York Penal Law, there are many ways in which an individual can commit larceny. According to New York Penal Law 155.05, below are some specific ways of committing larceny:
- Larceny by trick
- Larceny by trespassory taking
- Larceny by embezzlement
- Larceny by false pretenses
- Larceny by issuing a bad check
- Larceny by extortion
- Larceny by false promise
- Larceny by acquiring lost property
Petit Larceny
The definition of petit larceny is quite simple. According to New York Penal Law 155.25, you commit the offense of petit larceny when you steal property. In New York, this offense is a class A misdemeanor. Petit larceny in New York is punishable by up to one year in jail and a fine of as high as $1,000.
It is vital to note that because petit larceny is a class A misdemeanor, which is the highest class of misdemeanor in New York, any aggravating factor can turn an offense of petit larceny into an offense of grand larceny.
Grand Larceny
There are four degrees of the crime of grand larceny in New York. They are:
- Grand larceny in the fourth degree
- Grand larceny in the third degree
- Grand larceny in the second degree
- Grand larceny in the first degree
Grand larceny in the fourth degree, for instance, occurs when an individual steals property that is worth more than $1,000 or consists of secret scientific material, a credit card, a debit card, among others. This offense is a class E felony. Such an offense in New York is punishable by up to four years in prison and a fine of $5,000 or double the gain from the crime.
Grand larceny in the third degree is a class D felony, grand larceny in the second degree is a class C felony, and grand larceny in the first degree is a class B felony. These crimes are punishable by up to 7 years, 15 years, and 25 years in prison, respectively.
Contact an NYC Grand Larceny Attorney
If you, a loved one, or someone you know is facing a larceny charge in New York, contact the experienced NYC Grand Larceny attorney, Mark I. Cohen, to maximize your chances of preserving your freedom, reputation, and assets. Call 917-414-8585 today to schedule a consultation.
Resource:
nysenate.gov/legislation/laws/PEN/155.30