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Charged with Larceny?
Larceny Defense Lawyers in New York | Petit & Grand Larceny Attorneys
Larceny, commonly known as stealing, is one of the most frequently charged offenses in New York. Whether the allegation involves shoplifting, theft from an employer, stolen property, or a financial dispute, a larceny charge can carry serious and long-lasting consequences. At LaMarche Safranko Law, we defend clients across New York, from Albany to Plattsburgh, who are facing Petit Larceny or Grand Larceny charges and need experienced criminal defense representation.
Criminal Defense Attorneys Who Handle Larceny Charges in New York
Under New York law, larceny occurs when someone wrongfully takes, obtains, or withholds property from its rightful owner with the intent to deprive the owner of that property or to appropriate it for themselves or another person. Even allegations involving misunderstandings or accidental actions can result in criminal charges, making it critical to seek legal advice early.
Larceny charges fall into two main categories based on the nature of the allegations and the value of the property:
Petit Larceny: Typically charged when the value of the property is low, such as in shoplifting or minor theft cases. Although considered a misdemeanor, a conviction can still lead to fines, probation, and a criminal record that affects employment, schooling, and professional opportunities.
Grand Larceny: A more serious felony charge based on the higher value of the property or specific circumstances, such as theft involving credit cards, vehicles, or larger sums of money. Grand Larceny convictions can include significant fines, restitution, and potential state prison sentences.
Because of many news reports of retail theft, in 2024, New York law now specifically allows for the aggregating of retail thefts over multiple occurrences. In other words, while stealing $200 in retail goods over 5 occasions over a few months used to be multiple misdemeanors, now it can be a felony. And this includes from multiple stores, not necessarily just one.
The specific charge you face determines the potential penalties, which is why it is essential to speak with a criminal defense lawyer who understands larceny cases.
FAQs About Larceny
Petit Larceny is a crime – a class A misdemeanor and is a charge that is filed if you steal something with a value of less than $1000. A conviction of Petit Larceny can result in up to 1 year in local/county jail, up to 3 years’ probation, and a maximum $1,000 fine. The court can also require a person convicted of a larceny offense to pay restitution which is the repayment of the value of the stolen item if it is not returned. Finally, the court may issue an order of protection preventing any contact with the victim of the crime.
Grand Larceny is a felony and is charged if you are accused of stealing something with a value greater than $1000. A Grand Larceny conviction, depending on the value of what was stolen can result in punishments as detailed below.
Grand Larceny in the fourth degree is a class E felony pursuant to New York Penal Law section 155.30. This is a charge that results if you steal any car worth more than $100, a credit or debit card, or anything worth more than $1,000. There are various other specific types of theft or items stolen that raise a misdemeanor petit larceny, to a Grand Larceny. Retail property and merchandise is also specially defined. You face up to 4 years in a New York state prison facility or up to 5 years of probation as well as fines, restitution and an order of protection.
Grand Larceny in the third degree is a class D felony pursuant to New York Penal Law section 155.35. This is a charge that results if you steal money from an ATM or anything worth more than $3,000. You face up to 7 years in a New York state prison facility or up to 5 years of probation as well as fines, restitution and an order of protection.
Grand Larceny in the second degree is a class C felony pursuant to New York Penal Law section 155.40. This is a charge that results if you steal anything worth more than $50,000. You face up to 15 years in a New York state prison facility and up to 5 years of probation as well as fines, restitution and an order of protection.
Grand Larceny in the first degree is a class B felony pursuant to New York Penal Law section 155.42. This is a charge that results if you steal anything worth more than $1,000,000. You face up to 25 years in a New York state prison facility. A prison sentence is mandatory if you are convicted of this offense, and probation is not an option. You also face fines, restitution and an order of protection.
Usually, theft requires the intent to permanently deprive someone of property, even if they actually get the property back. The crime may still be charged even if they do. There are several other ways to be charged with larceny beyond taking items out of a store or taking cash, money or belongings that that are not yours.
What is Embezzlement?
Embezzlement occurs when you are legally entrusted with money or property and you then use the money or property in a way that is inconsistent with the reason why the money or property was given to you in the first place.
For example, a treasurer of an organization cannot take money from the organization to be used for a purpose that was not authorized.
What is Larceny by Trick?
Larceny by Trick occurs when someone gives you money or other property by a trick or fraud.
For example, this type of offense could be charged if someone gives you a car but you have no intention of ever paying for or returning the car.
What is Larceny by False Pretense or False Promise?
Larceny by False Pretense or False Promise occurs when you lie about a present or past fact to induce the other person to give you money or property. A false promise is a promise or guarantee that you will do something in exchange for money, without ever intending to actually engage in that promise.
Examples of Larceny by False Pretense or False Promise are loans taken with no intention to repay the loan or lying about the value of a product to be sold.
Is writing a bad check a Larceny?
Yes. Purposefully writing a check that you know will bounce because there are not enough funds in your account to cover the check would also constitute a larceny.
This is perhaps the most confusing part of larceny. To be guilty of any of the larceny crimes, you must have intended to permanently deprive the other person of the property. If your intent was to keep the property or money long enough that a major portion of its value or benefit is lost, this also counts as a permanent deprivation.
It doesn’t matter if they are actually permanently deprived. Think of getting caught just outside a store for stealing and, after you are caught, promising to just return the property. This is still a larceny.
It does matter, however, if that was never your true intent. In other words, if you took your roommates car to get to class, always intending to drive it back after, it’s possible you are not guilty of any larceny.
