New York Grand Larceny Lawyers [2024 Update]

If you’re facing grand larceny charges in New York, it’s critical to find a specialized attorney experienced in handling these types of cases. Considering its classification as a felony with severe penalties, including prison time, it’s even more important to seek specialized legal help as soon as possible. In New York, grand larceny involves theft exceeding $1,000, and the degree of theft varies based on the value of the property that was stolen. Because of the consequences attributed to a grand larceny charge, a personalized defense strategy in these theft cases is crucial.

King Law is a specialized criminal defense law firm with a team of attorneys who understand how to craft a customized legal defense for those charged with grand larceny in New York. Hiring an experienced attorney is crucial to protect your rights and future.

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What is Grand Larceny in New York?

Grand Larceny is a Felony charge the police will consider if they believe a person stole property that has a value over $1,000. Larceny involves stealing of another persons or business’ property with intent to deprive them of it. It can be committed in various ways such as taking, trickery, lying or extortion. The property involved can include a wide range of things like money, personal property, vehicles, firearms, or computer data.

There are two main types of Larceny in New York: Petit Larceny and Grand Larceny. Petit Larceny is charged when the property has a value of $1,000 or less and Grand Larceny is usually for property with a value over $1,000. A Petit Larceny is a misdemeanor charge and is typically less serious and a Grand Larceny is a more serious felony charge. Whether someone is charged with Petit Larceny or Grand Larceny they should seek an immediate legal consultation with an experienced criminal defense attorney.

It is important to consult with a Criminal Defense Attorney if someone is charged with a theft crime, is being investigated for a theft crime, or believes they may be investigated in the future. During a legal consultation, an attorney should be taking the time to explain the Court system and the charges, they may also start preparing a defense, begin conducting their own investigation and gathering materials, and overall begin to handle the case strategically before mistakes are made by less experienced or less capable attorneys.

A person who is convicted of Grand Larceny would face prison as a possible legal sentence. The length or potential requirement of prison if convicted may also depend on any prior criminal history and the degree of Grand Larceny a person is convicted of. An experienced criminal lawyer will be able to explain the legally possible sentences during a consultation. In general, the higher degrees of Grand Larceny expose a person to the possibility of a longer prison sentence if convicted.

Grand Larceny Examples:

• A person is accused of stealing over $1,000 worth of items from a retail store.
• A person is accused of stealing over $1,000 of money from another person.
• A person is accused of stealing over $1,000 of money from their employer.
• A person is accused of stealing a credit card.
• A person is accused of stealing a car.

Degrees of Grand Larceny

A Grand Larceny charge in New York is divided into four degrees that increase in severity based on the value of the stolen property. The Fourth Degree involves theft of items valued over $1,000 but less than $3,000 and is classified as a Class E Felony. The Third Degree covers thefts from $3,000 to $50,000, constituting a Class D Felony. The Second Degree applies to thefts over $50,000 up to $1 million or involves extortion and this is classified as a Class C Felony. The most severe form of Grand Larceny, the First Degree, pertains to thefts exceeding $1 million, a Class B Felony. Each degree carries increasing legal consequences which highlights the need for a specialized defense team in these types of cases.

Grand Larceny in the Fourth Degree (NY PL 155.30)
Grand Larceny in the Fourth Degree involves theft of property valued over $1,000 but less than $3,000. This can include most types of property including money or personal items. There are other items that if stolen do not require a dollar value for the police to charge Grand Larceny in the Fourth Degree such as a credit card, public records, scientific material, a motor vehicle, religious property, and certain chemicals. This degree is a class E Felony and the potential consequences can be very serious. It is very important that a charged individual consult and hire the right attorney to defend them. Depending on someone’s criminal history, prison is not necessarily mandatory if convicted. Depending on the case and situation, there are other sentencing possibilities including probation or less. A skilled defense attorney will develop a case strategy to best protect the accused.

Grand Larceny in the Third Degree (NY PL 155.35)
Grand Larceny in the Third Degree involves theft of property valued over $3,000 but less than $50,000. In addition, Grand Larceny in the Third Degree may be charged if the property is an ATM machine or involves the contents of an ATM. Grand Larceny in the Third Degree is a class D felony and if convicted can lead to a more significant sentence than a Grand Larceny in the Fourth Degree. If an individual does not have a prior felony conviction, prison is not mandatory under the law but legally possible. If a person has a prior felony conviction within 10 years, a prison sentence would be mandatory if convicted.

Grand Larceny in the Second Degree (NY PL 155.40)

Grand Larceny in the Second Degree involves theft of property valued over $50,000 but less than $1 million and is a Class C Felony. In addition, Grand Larceny in the Second Degree can be charged if it is alleged that the property, regardless of its type or value, is obtained by extortion. Extortion is when someone instills in a victim a fear that the actor or another person will either (a) cause physical injury to someone in the future, or (b) cause damage to property, or (c) use or abuse his position as a public servant.

1. Cause physical injury to someone in the future.
2. Cause damage to property.
3. Use or abuse his position as a public servant.

Grand Larceny in the First Degree (NY PL 155.42)
Grand Larceny in the First Degree involves theft of property valued over $1 million and is a Class B Felony. It is the highest degree of Grand Larceny and carries the harshest possible sentence of the different Degrees. Even someone without a prior felony conviction, if convicted, would face a possible sentence of up to 8 and 1/3 to 25 years of prison.

Grand Larceny Theft Amounts in New York

Grand Larceny charges in New York are categorized by the property value that is stolen, with each degree reflecting the severity of the crime. Grand Larceny in the Fourth Degree involves thefts between $1,000 and $3,000. Property theft between $3,000 and $50,000 falls under Grand Larceny in the Third Degree. Grand Larceny in the Second Degree is for thefts of property valued over $50,000 but less than $1 million. Finally, property theft valued over $1 million is classified as Grand Larceny in the First Degree, representing the most severe level of larceny by value in New York.

Grand Larceny Theft Amounts Categorized by Degree:

• $1,000 to $3,000 Grand Larceny in the Fourth Degree
• $3,000 to $50,000 Grand Larceny in the Third Degree
• $50,000 to $1 million Grand Larceny in the Second Degree
• Over $1 million Grand Larceny in the First Degree

Sentencing and Punishment for New York Grand Larceny

Sentencing and punishment can vary depending on a person’s prior criminal history. If a person has a prior felony within 10 years and is convicted of any degree of Grand Larceny, prison would be a required sentence.

Grand Larceny in the Fourth Degree (Class E Felony)

If a person has no prior felony within 10 years and is convicted of Grand Larceny in the Fourth Degree, they could legally sentenced to prison, up to 1 year in the county jail, 3, 4 or 5 years of probation, a combination of up to 6 months county jail and 5 years of probation, or a three year conditional discharge. The maximum prison sentence without a prior felony is 1-1/3 to 4 years. If there is a prior felony conviction, a prison sentence would be mandatory with a minimum of 1.5 to 3 years or a maximum of 2 to 4 years.

Grand Larceny in the Third Degree (Class D Felony)

If convicted of Grand Larceny in the Third Degree and there is no prior felony within 10 years, the possible legal sentences would include prison, up to 1 year in the county jail, 3, 4 or 5 years of probation, a combination of up to 6 months of jail and probation, or a conditional discharge. The main difference from Grand Larceny in the Fourth Degree would be the possibility of a longer prison term in comparison which could be up to 2-1/3 to 7 years without a prior felony. With a prior felony within 10 years, prison would be mandatory with a minimum of 2 to 4 years and a maximum of 3.5 to 7.

Grand Larceny in the Second Degree (Class C Felony)

If convicted of Grand Larceny in the Second Degree and there is no prior felony within 10 years, the possible sentences would be prison, 3, 4 or 5 years of probation, or conditional discharge. Under the statute, a county jail sentence is not permissible. If someone does not have a prior felony, the possible prison term could be up to 5-15 years. If an individual has a prior felony, that range would be a minimum of 3 to 6 years and a maximum of 7.5 to 15 years.

Grand Larceny in the First Degree (Class B Felony)

A Grand Larceny in the First Degree is the highest degree Grand Larceny and if a person is convicted requires a prison sentence. The minimum prison sentence without a prior felony is 1 to 3 years and the maximum is 8-1/3 to 25 years. If an individual has a prior felony within 10 years the minimum sentence would be 4.5 to 9 years prison and a maximum of 12.5 to 25.

In many cases, the Court may also order that restitution be paid. A person who is convicted of Grand Larceny does have the right to contest the amount of restitution at a restitution hearing. A restitution hearing is a separate hearing that may be conducted separately and after a jury trial.

Another part of a potential sentence may include an Order of Protection. The District Attorney or Court may seek an order of protection ordering that the convicted person either completely stay away from the victim in the case and/or refrain from any type of communication with them and order that no future crimes be committed against such person.

Valuating Stolen Property in New York

Value is usually determined by the market value of the property at the time of the alleged crime. As an alternative, if the market value cannot be determined, the replacement cost may be used. Written instruments without a readily ascertainable market value shall be determined by the value of the instrument constituting an evidence of a debt minus any portion that has been paid. If the case concerns a ticket, the stated prices on the ticket or similar property would be used. In cases involving utilities, the value is determined by the value within a given 12 month period. When value cannot be determined for written instruments, the value will be determined to be less than $250. Value is a critical factor in a larceny case because value is central to determining the severity of an offense it is an important part of the case for a lawyer to evaluate.

The Importance of Valuation in a Legal Defense

Valuation is important because value can significantly impact the case classification. That can potentially mean the difference between a misdemeanor and a felony or the difference between a Grand Larceny in the Third Degree or Fourth Degree for example. An example where a defense attorney’s review and challenge of a valuation could have a significant impact is as follows: If a lawyers client is accused of stealing $1050 of property and is charged with a Grand Larceny in the Fourth Degree and it can be proven the value is only $950, the case may need to be reduced to a Petit Larceny or dismissed. Sometimes, a retailer gives a list of alleged stolen items to the police with retail prices listed. One strategy may be to review if any of the items had a lower market value and were perhaps on sale. Another example could be allegations of many small thefts that add up to a total value equaling a Grand Larceny. If some of the alleged thefts are provable and others are not, removing one or more of the alleged thefts may bright the aggregate below the required value. A good criminal defense attorney will review, investigate, and see if they can challenge all or part of the valuation. It is essential for minimizing potential penalties, criminal histories, minimizing sentences, and other consequences including state prison.

New York’s Legal and Prosecution Process for Grand Larceny Cases

There are many stages to a Grand Larceny case, but not all cases go through the same stages, as the stages can depend on the circumstances of any given case.

1. The Investigation Stage
Generally speaking a case begins prior to any arrest during the Investigation Stage. The investigation state is where the police or victim may be trying to figure out what happened. The investigation stage may include someone who believes they may be accused of a crime contacting an attorney for legal advice. It is often very beneficial if someone thinks they may be investigated to contact a lawyer as soon as possible. An experienced attorney can advise on whether to talk to the police, invoke their clients right to remain silent, speak to law enforcement or a District Attorney and try to stop or minimize charges before an arrest. The attorney may also begin their own investigation or gather defensive evidence. Police are trained to try and obtain confessions and will often speak to the target of their investigation to try and obtain information to use against them. It is critical to contact a criminal defense attorney as soon as possible.

2. Arrest
Aside from the investigation stage, the first stage of a case is usually an arrest. Sometimes the police show up in person and arrest someone on the day of the alleged incident or in person at a later date and time. Other times, the police may call an individual and ask them to turn themselves in to be arrested. It is important to contact a lawyer if possible during this part of the case because a person being arrested for a felony will want an experienced lawyer with them at the next step, which is an arraignment.

3. Arraignment
At an arraignment, the police are either bringing a person charged with a crime to see a Judge shortly after an arrest, or have decided to give them an appearance ticket directing them to appear at a later date in front of a Judge. At an arraignment, a Judge will advise the accused person of what they are charged with, and advise them of their right to counsel. Usually at an arraignment, decisions will be made about whether someone is held in jail or released. If the Prosecution is requesting an order of protection, that is also usually addressed at arraignment. It is critical to have a skilled criminal defense attorney at the arraignment because they will advocate for their client’s release from custody (or continued release), will advocate as it pertains to any request for an order of protection, the defense attorney can review the accusation documents for legal sufficiency and challenge insufficient documentation where appropriate.

4. Local vs. County Court
Many cases, even felonies, begin in a town, village, or city court. In New York, felonies can only be litigated or legally disputed in a County Court. Therefore, if there is a possibility the case will become a misdemeanor down the road, the case may stay in Town or “local” Court for awhile. If there is not a way of handling the case as a misdemeanor, the case will most likely need to be moved or switched to the County Court. That usually happens in one of two ways: (1) there is a felony plea deal that everyone agrees to and the case is voluntarily moved by everyone to County Court, or (2) the District Attorney presents the case to the Grand Jury.

5. Grand Jury
A Grand Jury is a group of 23 People from the County where the case is being brought. On a day that they are assembled, a District Attorney will enter a room with the 23 Grand Jurors present and “present a case” to them. The DA will call witnesses of their choosing to tell a story of what they believe happened. An arrested person has the right to testify at the Grand Jury and should consult with their lawyer about that. After the DA has called their witnesses, the Grand Jury votes whether they believe crime(s) were committed by the accused. If they vote to indict, the case will be re-arraigned in County Court at a later date. If they do not indict, the case is “no-billed” and basically dismissed.

6. Motions and Hearings
Once a felony is in County Court, the next significant stage would be motions/hearings. Defense attorney’s file documentation called a motion that outlines legal issues in the case, reserves certain rights of their clients, and usually asks for legal relief and/or hearings. The DA will respond to the motions (usually disagreeing) and at a later date a Judge will decide if their are going to be specific hearings to determine some of these legal issues. Usually at the hearings, the DA subpoenas witnesses to discuss the legal issues and the defense attorney cross examines those witnesses. An example of a pretrial hearing would be a Huntley Hearing where the defense attorney is arguing an alleged statement his client made was unlawfully obtained. The DA’s witnesses would try to show that the statement was lawfully obtained and the defense attorney would try to show it was unlawfully obtained. After the hearing, the Judge would decide whether the statement(s) could be used at a later trial.

6. The Trial
The next state is the trial. There are two types of trials: Bench trial, and Jury Trial. A bench trial is a trial before just the Judge who decides the facts and the law and would decide whether someone was guilty or innocent. They would also determine the sentence if the person was convicted. A Jury trial includes 6 jurors if it is a misdemeanor trial and 12 jurors if it is a felony trial.

The order of the trial is as follows:

1. District attorney opening statement
2. Defense attorney opening statement
3. District attorney’s witnesses with defense attorney cross examination
4. Defense attorney witnesses with district attorney cross examining
5. Defense attorney closing arguments
6. District attorney closing arguments

7. Deliberation and Verdict
After the trial, the Judge will read a long list of rules to the jury, and they will begin deliberating. They will need to decide unanimously if someone is guilty or not guilty.

8. Appeal
The final stage is an appeal. If an individual loses at trial (or sometimes even if they plead guilty), they may decide to appeal. The trial attorney will fine a notice of appeal with the clerk and DA’s Office shortly after sentencing. Some trial attorneys participate in the appeal and many others recommend hiring an attorney who only specializes in appeals.

Grand Larceny Statute of Limitations in New York

The statute of limitations for the prosecution to file charges against someone for Grand Larceny is usually 5 years from the date of the alleged offense. There are exceptions where there may be an extension if the defendant leaves the state. This timeframe typically applies to embezzlement cases and thefts exceeding $1,000.

Consequences of a Grand Larceny Conviction

Grand Larceny in the first degree carries a maximum sentence of 25 years in prison. A Grand Larceny conviction is a felony conviction and will make you a felon. The range of punishment is anything from a conditional discharge or probation to 25 years in jail. A conviction for Grand Larceny could also include punishments like fines and surcharges or community service.

Felony convictions can lead to the loss of certain rights, like the right to vote, the right to hold certain offices, the right to hold certain licenses and the right to be a juror. Felony convictions can show up on backgroud checks. Potential employers can also ask about felony arrests and convictions. There are serious consequences to a Grand Larceny conviction because it is a felony.

Defense Techniques: How to Beat Grand Larceny Charges in New York

There are two ways to defense a Grand Larceny charge. The first defene is to say you didn’t do it or to suggest if someone did something wrong, it was someone else. The second defense is to say that you had the authority to do what you did. Those are the basic defenses in most criminal cases – It wasn’t me … or …yeah i did that and it is not a grand larceny.

The grand larcency identification defense. Say for example a person cashed a fake check for 3,000 and they tricked the bank into cashing the check. The police might look at the video and pull the records of the ID that was given to the bank teller. Say the ID was John Doe, the police go find John Doe and arrest him. We would say that the fact that the ID used was his doesn’t probe his guilt. Maybe his ID was stolen, for example. That would be an identification defense in a Grand Larceny case.

On the other hand maybe the police can prove that a criminal defendant did something. Maybe he gave taxi rides without the proper license. The police might say that he stole people’s money because he was not authorized to give rides. There is no question about whether the person is the right person. Instead we would say that while it might not be a good idea, he didn’t steal the money. He picked people up and dropped them off, as agreed upon, so it is not a grand larceny because he didn’t do anything wrong.

Steps to Take After Being Charged with Grand Larceny in NY

These four steps should be included in any Grand Larceny defense.

1. Do not talk to the police. They are not trying to help you; they only strengthen the case against you.
2. Preserve all evidence. Evidence like voicemails, emails, and text messages that are relevant to the investigation could be important.
3. Get a lawyer. Get the best attorney you can find with specialized legal experience handling New York grand larceny cases.
4. Learn the evidence better than anyone else. This will help your lawyer prepare the defense.

New York Grand Larceny Lawyers

King law is an experienced grand larceny law firm. Our team of former prosecutors has handled over 100 grand larceny cases in the past 10 years. We are one of few firms that has successfully defended a Grand Larceny in the First Degree Case. In that case our client was accused of stealing over two million dollars using a sham business. We proved that the business was not a sham and he was not a bad actor. He never spent a day in jail. In another case our client was accused of taking nearly two million dollars from his business partner. These are heavy grand larceny cases that most firms simply don’t get. Not only do we have experience, we have the results to back it up. In fact, Greg Colavecchia, one of our criminal defense lawyers was an economic crimes prosecutor before he started he career in private practice.

If you’ve been charged with Grand Larceny in the state of New York, do not hesitate. Contact a specialized Grand Larceny lawyer with King Law at 585-684-7233, or submit your information online.

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