Grand Larceny by Embezzlement & Value
Prosecutors and judges are not sympathetic to white collar criminals accused of Grand Larceny whether it is Grand Larceny in the Fourth Degree (155.30(1)), Grand Larceny in the Third Degree (155.35), Grand Larceny in the Second Degree (155.40(1)) or Grand Larceny in the First Degree (155.42). The vast majority of these Grand Larcenies prosecuted by assistant district attorneys and defended by criminal defense attorneys in New York City (Manhattan, Brooklyn, Bronx & Queens) as well as the surrounding suburbs (Westchester, Rockland and Nassau Counties) either deal with Grand Larceny by embezzlement or Grand Larceny solely based on value. While embezzlement often deals with the improper taking of money or funds from a company or employer, Grand Larceny based on the value of the property allegedly stolen comes in a variety of forms. Although the latter can also be a theft of money, it is actually irrelevant what form the property takes. Whether you are accused of stealing cash, wrongfully using a corporate credit card, or taking an antique desk or something as small as a watch, the value, not necessarily what the property consists of, is key. Regardless, the determining factor as to what degree of Grand Larceny you will face is the value of the property.
Before setting forth each of the applicable statutes it is important to note the following. Where the property allegedly stolen is money or cash, value is obviously easy to establish. However, where the property is something with unclear value, that value is established by determining replacement or present value. Because of the amount of legal decisions addressing this issue, when the property allegedly stolen does not have a clear value, consult with a criminal defense lawyer familiar with these decisions in New York.New York Penal Law 155.42: Grand Larceny in the First Degree
Theft of property in any form over $1 million is a "B" felony punishable by up to 25 years in state prison.New York Penal Law 155.40(1): Grand Larceny in the Second Degree
Theft of property, regardless of the type, valued over $50,000 is a "C" felony punishable by up to 15 years in state prison. This particular subsection is a common charge where an accused is alleged to have embezzled money from an employer or misappropriated funds. Any theft above $50,000, but less than $1 million falls into this category.New York Penal Law 155.35: Grand Larceny in the Third Degree
Theft of property in any form over $3,000 is a "D" felony punishable by up to 7 years in state prison. Similar to Grand Larceny in the Second Degree, this offense is also a very common crime charged in embezzlement or misappropriation schemes and involves any theft more than $3,000, but $50,000 or less.New York Penal Law 155.30(1): Grand Larceny in the Fourth Degree
Theft of property, regardless of the type, valued over $1,000 is an "E" felony punishable by up to 4 years in state prison.
Again, whether you are accused of embezzlement or a theft of tangible property such as a computer or jewelry, the amount or value of that property is the determining factor as to the degree of the Grand Larceny you will face.
Once you have identified the particular degree of Grand Larceny, the analysis of your case and the potential defenses are far from over. Are there multiple victims or are prosecutors aggregating the value of the larcenies over time? Have you unwittingly admitted to the thefts either by way of an apology to an owner, an offer to repay or statement to law enforcement? Are you charged with other crimes associated with Grand Larceny including Forgery, Criminal Possession of a Forged Instrument or Falsifying Business Records?
If you are a being investigated for a white collar crime or you have already been arrested for Grand Larceny, contact the criminal defense lawyers and former Manhattan prosecutors at Crotty Saland PC who have the experience, knowledge and dedication to protect your rights, liberty and integrity.
For further information on Grand Larceny in New York please review the Theft Offense section of the New York Criminal Lawyer Blog as well as the Results section of our website and blog to see the type of Grand Larceny cases the criminal defense attorneys at Crotty Saland PC successfully have handled.
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