What is the Difference Between Grand Larceny, Petit Larceny and Burglary?
In NY State, larceny is defined as the theft of property with notable value.
“Property” is defined as money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation, and secret scientific material, credit or debit card(s), firearms, religious artifacts, and rifles or shotguns.
The value of the property and circumstance by which the property was stolen will determine the level of charge. As you might imagine; the greater the value of what was stolen, the more serious the charge and more time likely to be served behind bars.
NY Petit Larceny Charges
If you or a loved one has been arrested in Albany, Schenectady, Rensselaer, Saratoga, Columbia, Montgomery, Fulton or a surrounding county, you will want to hire an attorney as quickly as possible to achieve the best possible outcome.
NY Courts have been known to offer “ACD” (Adjournment in Contemplation of Dismissal) in lieu of incarceration for petit larceny charges. It is likely the prosecutor will seek community service in exchange for essentially making the charge go away, since the ACD does not require an admission of guilt. This option may not be available to a defendant with prior arrests, in which case the course of the case will change entirely.
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Felony and Misdemeanor Larceny Charges in NY
Grand Larceny is more complicated and a conviction carries a greater threat of changing the course of your life. It is imperative that you seek qualified legal counsel as early as possible after charges have been filed, or an arrest has been made.
NY Penal Code
- Larceny; definitions of terms. 155.00
- Aggravated grand larceny of an ATM bank machine. CLASS C FELONY 155.43
- Grand larceny in the first degree. CLASS B FELONY 155.42
- Grand larceny in the fourth degree. CLASS E FELONY 155.30
- Grand larceny in the second degree. CLASS C FELONY 155.40
- Grand larceny in the third degree. CLASS D FELONY 155.35
- Larceny; defenses. 155.15
- Larceny; defined. 155.05
- Larceny; no defense. 155.10
- Larceny; pleading and proof. 155.45
- Larceny; value of stolen property. 155.20
- Petit larceny. CLASS A MISDEMEANOR 155.25
A felony conviction will result in criminal record, result in imprisonment of 1-25 years, could be accompanied by probation, parole and fines and penalties and will result in loss of freedoms and rights enjoyed by U.S. Citizens – such as the right to vote.
“Class E” Felony Grand Larceny
Class E Felony is charged with the value of property stolen exceeds $1,000; or;
- The character of the property stolen consists of: a publicly filed “public record”; “secret scientific material”; a credit card; a debit card; a firearm; a rifle; a shotgun; or
- The combined value and character of the property stolen includes a motor vehicle worth more than $100; or
- Any item “used in connection with religious worship in any building or place used as a place of religious worship by a religious corporation” worth at least $100; or
- The person accused of larceny has illicit intent regarding the property stolen consisting of: an “access device” stolen with the intent “to use unlawfully to obtain telephone service”; or
- Materials “anhydrous ammonia or liquefied ammonia gas” with the intent to manufacture methamphetamine; or
- The theft location is from another person (for example stealing someone’s wallet from their person); or
- The method of theft is “by extortion.”
“Class D” Felony Grand Larceny
Grand larceny in the third degree is a class D felony involving the stealing of property valued in excess of $3,000.
“Class C” Felony Grand Larceny
Grand larceny in the second degree is a class C felony involving stealing of property that exceeds $50,000 in value, and may include certain forms of extortion.
“Class B” Felony Grand Larceny
Grand larceny in the first degree is a class B felony involving the stealing of property that exceeds $1,000,000 in value. Additional charges may be added to a larceny charge. It is in your best interest to hire a criminal defense lawyer as soon as possible.
Larceny Sentencing Guidelines in NY State
There are several factors that impact sentencing for a felony larceny conviction…
Larceny Felony with Non-Violent Predicate
For a defendant convicted of a non-violent felony of any type within the last ten years, the sentencing for a larceny felony conviction will be impacted accordingly.
Larceny Felony with Violent Predicate
A defendant convicted of a violent felony within the last ten years of a felony burglary conviction will receive increased sentences, penalties and fines.
Larceny – Persistent Felony Offender
In New York State, when a defendant has two or more felony convictions in their past, they may be sentenced as a persistent felony offender. A Persistent Felony Offender faces LIFE in prison.
Larceny Burglary – Juvenile Offender
When a defendant is 16 years old, or younger, an individual may be prosecuted as an adult in criminal court for serious crimes. Juvenile offenders are not processed under the same guidelines as adult felony convictions.
Larceny Burglary – Youthful Offender
A defendant under the age of 19 years old at the time of the alleged offense may be eligible for “Youthful Offender Treatment.” As a Youthful Offender, that individual is not considered to be convicted of a crime by New York State and a felony record is avoided on this charge. Youthful Offenders are not, however, protected from the Federal Government when considering a crime for Immigration purposes.
Sentencing for Youthful Offenders
Sentencing for Youthful Offenders is different from adult felony conviction guidelines. The maximum sentence for a Youthful Offender is 1 1/3 – 4 years in prison.
Learn more about felony charges.
Why You Need a Good Criminal Defense Attorney
An experienced Criminal Defense Lawyer knows how to collect and present the facts of the case, responds to behavior and statements of the defendant and could very well make the difference between a conviction, dropped charges, reduced charges, or sentencing. Hiring an experienced lawyer protects your rights and gives you the best chance for a successful outcome.
Facing Larceny Charges?
Your future may very well rely upon the lawyer you choose. Hire the best criminal defense attorney you can afford – as soon as possible. Fortunately, you do not have to pay more to hire an experienced criminal defense attorney.
E. Stewart Jones Hacker Murphy is one of the most respected law firms in the region and we have been defending clients against criminal charges since 1898. Contact us today to discuss your case with our attorneys.
We represent clients in all Capital District Region Courts.
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