The Sanders Firm, P.C.: Larceny
If you are accused of larceny in any of its various forms as described in Article 155 New York Penal Law, contact the New York City law office of The Sanders Firm, P.C. We defend those charged with this offense involving property. Larceny involves the taking of property through either fraud or threat. There are various degrees of larceny, ranging from petit larceny, which is a class A misdemeanor, to grand larceny in the first degree, which is a class B felony. Any attempt to defraud a person is larceny. The degree of this crime is set by the monetary value or by specific property descriptions and by the manner in which the property is stolen.
Degrees of Larceny
Article 155.05 New York Penal Law defines larceny specifically noting the many ways the criminal act may be performed. Petit larceny occurs when someone steals property. Grand larceny in the fourth degree is defined in an extensive manner. It includes property valued at more than $1,000. However, this is not the only defining aspect of fourth degree larceny, which is a class E felony. The fact is the property may be worth less than $1,000 but the type of property being taken makes it a class E felony.
Grand larceny in the third degree, which is a class D felony, includes property worth more than $3,000 or the theft of an automated teller machine or its contents. In committing grand larceny in the second degree, someone has taken property worth more than $50,000, or no matter what the worth of the property, someone involved in larceny has used extortion. Extortion is a threat of some sort that instills fear in the victim; it is used to get a victim to give another person their property. This is a class C felony.
Larceny in the first degree is a class B felony, and it occurs when someone steals property in excess of one million dollars. Aggravated grand larceny of a teller machine, which is a class C felony, occurs when someone who was convicted of grand larceny in the third degree in relationship to an ATM commits the crime again within five years.
Being Charged and Defenses
If you have been charged with larceny, it is in your best interest to contact a criminal defense attorney as soon as possible. The Sanders Firm, P.C. believes that everyone should preserve their Miranda rights and consult a lawyer prior to answering any questions.
Article 155.15 New York Penal Law offers the following affirmative defenses for larceny. An affirmative defense means that although your actions may be associated with behavior that defines larceny, you have not actually committed the crime.
The two defenses are:
- “1. In any prosecution for larceny committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated under a claim of right made in good faith.
- 2. In any prosecution for larceny by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.”
If you have been accused of and arrested for larceny in New York, contact The Sanders Firm, P.C. We will consult with you, be by your side during any questioning by law enforcement, and in defending you, evaluate every aspect of your case. The Sanders Firm, P.C. will work hard to ensure you receive every benefit of the law. We will be your voice for justice.