Grand Larceny / Petit Larceny Cases

Partner and Senior Trial Attorney

TRIAL AND MANAGING ATTORNEY

Partner

ASSOCIATE ATTORNEY

As one of the world’s best and most densely populated major cities in the world, New York City is a hub for everything from finance and business, to technology, fashion, food and much more. And with so many people, constantly on the move, and millions of dollars changing hands each and every day, New Yorkers are strangers to crime either – especially when it comes to theft, robbery, and larceny. While these might be the legal terms, they essentially are just different classifications of stealing or the unauthorized taking or use of property that belongs to another individual. And depending on what was taken, who took it and other specifics of the situation, it can land you in quite a lot of legal trouble – enough legal trouble that you could be facing heavy fines and even incarceration. As the best criminal defense attorney NYC has to offer, Ms. Yanina Tabachnikova, Esq. has helped countless individuals combat some of the most severe legal issues, making no stranger to theft cases herself. And in today’s article, she will help you to better understand exactly what these issues mean for you and your freedom. If you find yourself being accused, and then charged with some form of stealing, and whether you are truly guilty or not, everyone is deserving of a careful and confident criminal defense – contact the Law Offices of Ms. Yanona Tabachnikova today.

What is Theft in New York?
New York criminal laws use the term “larceny” to describe theft laws. In New York, larceny occurs when a person “wrongfully takes, obtains or withholds” property from its rightful owner, with the intent to deprive the owner of such property. (N.Y. Penal Law § 155.05.) New York laws also identify a number of specific methods of committing larceny, including:

• Larceny by deception or embezzlement.
• Obtaining property by false pretenses.
• Acquiring lost or stolen property, generally with or without your knowledge.
• Check Fraud – Issuing a bad check or checks.
• Taking someone’s property by means of extortion. (Penal Law § 155.05.)

How is Theft Proven?
In order to prove theft, a prosecutor must establish that a defendant specifically intended on illegally taking or using a piece of property that belonged to another individual – either temporarily or permanently. There are many different types of theft and using the current New York state laws, the DA will determine the type of theft, as well as the classification of the crime (misdemeanor versus felony) by the value of the property in question.

Classification of Theft or Larceny
Thefts are generally broken into two distinct categories in the state of New York – Petit Theft or Grand Larceny. And just like in most other states, these categories are determined by the monetary value of the property of goods in question, that were taken. According to Ms. Tabachnikova, its vital that individuals understand laws, and the consequences that come with them, as this might determine them from committing these actions in the first place.

Petit Larceny
The lowest-level theft offense in New York is called “petit larceny,” or petty theft, which is the unlawful taking of property or services valued at no more than $1,000. New York law classifies petit larceny as a class A misdemeanor. (N.Y. Penal Law § 155.25.) A sentence for conviction of a class A misdemeanor in New York may include imprisonment for a term not to exceed one year and a fine not to exceed $1,000. (Penal Law § 70.15, § 80.05(1).)

Grand Larceny
Just like with many other crimes, especially felonies in the state of New York – Grand Larceny also has its own varying degrees, broken into 4 levels of severity.

• In the 4th Degree: Grand Larceny in the 4th degree is considered to be a class E felony, a relatively minor felony, if there is such a thing. In such a case, the value of the property or services stolen exceeds $1,000 – or if the property is a firearm, motor vehicle, credit/debit card, or a few other specific types of property – the offense is grand larceny in the fourth degree, a class E felony under New York law. (N.Y. Penal Law § 155.30.) If you are convicted of this felony charge, it will generally carry a potential sentence of imprisonment for a term not to exceed four years, and a fine not to exceed the greater of $5,000 or double the cost of the goods that were taken.
• In the 3rd Degree: Similarly, this is also a felony, yet a bit worse being a class D felony – in which a conviction will include imprisonment for a term not to exceed seven years, and a fine not to exceed the greater of $5,000 or double the cost of the goods or money taken. For Grand Larceny in the 3rd degree, the value of the property or services stolen exceeds $3,000 – or if the individual stole an ATM – New York. (N.Y. Penal Law § 155.35.)
• In the 2nd Degree: In this form of Grand Larceny, the value of property or services stolen exceeds $50,000, or if the property was taken through means of extortion. This is a class C felony charge, and if convicted the individual must be imprisoned for a term not to exceed 15 years, and a fine not to exceed $15,000. (Penal Law § 70.00(2)(c), § 80.00(1).)
• In the 1st Degree: If the value of the property or services stolen exceeds one million dollars, the offense is grand larceny in the first degree, a class B felony. Sentencing includes imprisonment for a term not to exceed 25 years, and a fine not to exceed $30,000. (Penal Law § 70.00(2)(b), § 80.00(1).

In the event you have been charged with any form of petit theft of a grand larceny charge, it is vital that you seek out the legal assistance of an experienced criminal defense attorney such as Ms. Yanina Tabachnikova. For more info on such issues, or legal counsel, be sure to contact the Law Offices of Ms. Yanina Tabachnikova today.