In New York, property theft allegations carry significant weight, and a conviction for such offenses can lead to severe penalties. If you find yourself facing criminal charges connected to larceny, it’s crucial to understand your rights and potential defense strategies. Please continue reading as we explore what you should know about these matters and how our experienced Garden City, NY Larceny Lawyers can effectively defend your interests.
What Constitutes Larceny in New York?
As enshrined under statute § 155.05, a person is guilty of larceny when they “with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.” Essentially, it involves wrongfully taking, obtaining, or withholding property from the owner with the intent to deprive them of it permanently. This crime can be committed in several ways, including by:
- Trick
- Embezzlement
- False pretenses
- Extortion
- Acquiring lost property
- Issuing a bad check
- Wage theft
- Deed theft
What Are the Potential Penalties?
New York State law classifies theft into various degrees, spanning from petit larceny to grand larceny in the first degree. The penalties associated with each theft offense vary based on the value of the stolen property and the unique circumstances of the case. The following provides a general overview of potential sentences:
- Petit larceny: Shoplifting an item that is valued at $1,000 or less is a Class A misdemeanor, which is punishable by a fine, probation, community service, and up to one year in jail.
- Grand larceny: This is a felony offense involving property valued at more than $1,000. There are four degrees of this offense, each with distinct penalties:
- Fourth-degree (property valued at over $1,000 and $3,000): This is a Class E felony, punishable by up to four years of imprisonment.
- Third-degree (property valued at $3,000 or more): This is a Class D felony, punishable by up to seven years of imprisonment.
- Second-degree (property valued at $50,000): This is a Class C felony, punishable by up to 15 years of imprisonment.
- First-degree (property valued at $1,000,000 or more): This is a Class B felony, punishable by up to 25 years of imprisonment.
It’s important to note that first-time offenders may receive alternative sentences instead of prison for lower-degree larceny offenses. Additionally, prior felony convictions can increase the severity of penalties for subsequent larceny offenses.
Several defenses can be raised against larceny charges in New York. Depending on the unique circumstances of your case, you may be able to claim lack of intent to permanently deprive the owner of their property, arguing that the property was taken with the owner’s consent, or asserting a good-faith belief of ownership or right to the property.
If you are facing a larceny charge, please don’t hesitate to contact KCS Law as soon as possible. Our legal team will help you explore every legal avenue to have your charges mitigated or dropped altogether. Connect with our firm today for an initial consultation.