Theft and larceny are very common crimes in the city of New York. There were over 32,000 cases of grand larceny in 2012 alone. If you or a loved one is facing allegations of grand or petit theft or larceny, you may be looking at a felony charge with serious sentencing. If you need an aggressive, cost-effective, and highly successful New York City larceny and theft attorney, you need to get in touch with the law offices of Dietrich P. Epperson immediately. You can contact me via the web, or call (347) 561-0025 to arrange for a free consultation. Don’t wait — you have nothing to lose by reaching out, and everything to gain.
How Theft and Larceny Charges are Labeled
Unlike many other types of criminal charges, such as murder, assault, or rape, individual cases of theft and larceny are not graded purely based on a degree, such as murder in the 1st Degree, murder in the 2nd Degree, etc. Instead, theft and larceny are first split into two categories: grand, and petit (sometimes called “petty”). From there, degrees then come into play — for example, a charge of grand larceny in the 1st Degree.
Petit larceny is not subdivided into degrees: it is petit larceny, plain and simple. Under Section 25 of Article 155, “A person is guilty of petit larceny when he steals property.” Petit larceny is considered to be a Class A Misdemeanor in the state of New York, which is punishable by a maximum of one year in prison.
Grand Larceny in the 4th Degree
Grand larceny in the 4th Degree carries a wider array of qualifying intentions and actions than the other degrees. It entails that:
- An individual stole property exceeding $1,000 in value, or:
- The property was obtained through extortion (i.e. obtaining property with the aid of threatened force or violence or through instilling fear).
- The property was a credit or debit card.
- The property contained or consisted of one or more guns.
These are only a few of the points which can classify an act as grand larceny in the 4th Degree.
Grand Larceny in the 3rd, 2nd, and 1st Degree
- 3rd Degree: An individual stole property exceeding $3,000 in value, or stole an ATM or the contents thereof.
- 2nd Degree: An individual stole property exceeding $50,000 in value, or obtained property of any value by means of threatening physical injury, property damage, or abusing their power as a public servant.
- 1st Degree: An individual stole property exceeding $1,000,000 in value.
Theft is handled by Article 165 of the New York Penal Code. Some of the most common criminal charges involving theft include unauthorized use of a vehicle, and criminal possession of stolen property.
Unauthorized Use of a Vehicle in the 3rd, 2nd, and 1st Degree
When an individual takes the vehicle of another individual and operates that vehicle without the owner’s consent, it is unauthorized use of a vehicle in the 3rd Degree. Other qualifications that classify this charge include:
- An individual using a vehicle for purposes which deviate from purposes outlined in the original agreement with the vehicle’s owner.
- An individual refusing to return a vehicle to its owner after it was lent willingly.
The qualifications defining unauthorized use of a vehicle in the 1st and 2nd Degree are similar, with the added points that:
- 2nd Degree: The individual has previously committed unauthorized use of a vehicle in the 3rd or 2nd Degree in the past decade.
- 1st Degree: The individual uses the vehicle in question to aid in either committing, or escaping the scene of, another Class A, B, C, or D Felony.
Unauthorized use of a vehicle in the 1st Degree is a Class D Felony, punishable by up to seven years in prison.
Criminal Possession of Stolen Property in the 3rd, 2nd, and 1st Degree
Under Article 155, a crime is criminal possession of stolen property when an individual “knowingly possesses stolen property, with intent to benefit himself or a person other than [the] owner.” There are varying degrees of this charge, ranging from a Class A Misdemeanor to a Class B Felony. Additional factors which determine degrees of severity include:
- 3rd Degree: the value of the property is greater than $3,000
- 2nd Degree: the value of the property is greater than $50,000
- 1st Degree: the value of the property is greater than $1,000,000
Sentencing for theft and larceny convictions in New York is severe. You need a superior New York City larceny and theft attorney on your side. Contact Dietrich P. Epperson today.