Grand Larceny By Extortion
Grand Larceny by extortion not only falls into the realm of general Grand Larceny crimes based on the value of the property or money illegally obtained, but into its own particular subsections in the New York Penal Law. These crimes are Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(6), punishable by up to four years in prison, as well as Grand Larceny in the Second Degree pursuant to New York Penal Law 155.40(2), punishable by up to fifteen years in prison. Grand Larceny by extortion is defined under New York Penal Law 155.05(2)(e).
Because of the numerous statutes and level of offenses associated with Grand Larceny by extortion, it is imperative to discuss the "extortion statutes" with your New York criminal defense attorney if you are accused of this crime. The following is a brief description of those specific extortion crimes that are applicable whether you are alleged to have blackmailed someone for $100, $1,000,000 or even for a brand new Mercedes Benz. Before reading further, please note that general Grand Larceny and the specific Grand Larceny statutes relating to extortion are not mutually exclusive. In other words, you can be charged with multiple counts of Grand Larceny based on the "extortion statute" and for the value of that extortion.
Pursuant to New York Penal Law 155.05(2), a person obtains property by extortion when he compels or induces another person to deliver such property, very often a sum of money, to himself or to a third person by means of instilling in him a fear that, if the property is not turned over, the accused or another will cause physical injury to some person or cause damage to another person's property. Another subsection of the extortion statute, among many, requires that the accused threaten to expose a secret regardless of whether or not the secret is true. These are only a few of the many different legal theories of extortion.
Grand Larceny in the Fourth Degree – New York Penal Law 155.30(6))
Simply put, regardless of the value of the property or money obtained, a person is guilty of this section of Grand Larceny when property is stolen or obtained by extortion as defined in New York Penal Law 155.02(2) above. Again, while a higher degree of Grand Larceny may be charged based on the value of the extortion, this particular offense is an "E" felony punishable by up to four years in prison.
Grand Larceny in the Second Degree – New York Penal Law 155.40(2))
Regardless of the value, if you steal property by extortion by "threatening" a physical injury, damage to another's property or abuse of one's position as a public servant, the extortion is a "C" felony punishable by up to fifteen years in state prison.
For further reading on the crime of Grand Larceny by extortion, please review our New York Criminal Lawyer Blog entry on extortion as well as Theft Offenses in general. If you are charged with Grand Larceny by extortion, contact the New York criminal defense lawyers and former Manhattan prosecutors at Crotty Saland PC to ascertain and implement your best defense to an extortion accusation.
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