Grand Larceny by Extortion

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As New York Blackmail and Extortion lawyers, the criminal lawyers and former Manhattan Assistant District Attorneys at Crotty Saland PC have both prosecuted and represented individuals in circumstances that would seem unfathomable other than the fact that the clients is either an alleged perpetrator or victim of an extortive act or acts. While many crimes may be woven into a Blackmail or Extortion, including Stalking, Coercion, Aggravated Harassment, Revenge Porn, and others, the main or central offense will generally be Grand Larceny by Extortion. These Grand Larceny crimes not only fall into the realm of general Grand Larceny offenses based on the value of the property or money illegally obtained, but into its own particular and distinct subsections of the New York Penal Law. Grand Larceny in the Fourth Degree, New York Penal Law 155.30(6), is a class “E” felony punishable by up to four years in prison while the more serious Extortion crime, Grand Larceny in the Second Degree, New York Penal Law 155.40(2), is a class “C” felony with a steeper potential penalty of up to fifteen years in prison. Irrespective of which theory or offense you find yourself immersed in as a complainant or defendant, all Grand Larceny by Extortion crimes must first meet the legal elements and standards set forth in New York Penal Law 155.05(2)(e).

New York Blackmail and Extortion: The Basics

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 criminal attorney if you are accused of Blackmail or you are the target of an extorter.

Pursuant to New York Penal Law 155.05(2), a person obtains property by extortion when he forces or persuades his or her target to deliver certain property, very often a sum of money, to himself, herself or to a third person. This is not merely an “ask,” but the extortee, under duress, agrees to do so because the extorter instills in him or her fear that if the property is not turned over, the extorter or someone else will do one or more of the following:

  • Inflict a legally defined “physical injury” to the extortee or another person
  • Damage the property of another person
  • Commit another crime
  • Accuse another person, not necessarily the extortee, of a crime or cause the commencement of criminal charges against him or her
  • Irrespective of its truthfulness, represent a secret or publicize as fact something that will subject another person to hatred, contempt or ridicule
  • Testify or provide information, or hold back the same, relating to another person’s legal defense or lawful claim
  • As a public servant, abuse his or her position and authority to adversely affect another person
  • Perform any other act that serves not materially benefit to the extorter but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

Irrespective of which theory of Blackmail or Extortion is pursued, each of the above avenues, even multiple, can form the foundation of a viable Grand Larceny case.

New York Blackmail and Extortion: The Distinct Crimes

Depending on the conduct of the alleged extorter, there are different degrees of Grand Larceny that may be applicable. None of this, of course, precludes additional and potential more serious crimes from being pursued by prosecutors. Whether you are alleged to have blackmailed someone for $100, $1,000,000 or even for a brand-new Mercedes Benz, or you are the victim of the same conduct, one of these offenses will find its way into any potential criminal proceeding. Remember, just as additional crimes that may seem unrelated to Blackmail can be part of an alleged criminal scheme, general Grand Larceny and the specific Grand Larceny statutes relating to Extortion are not mutually exclusive. In other words, the District Attorney or New York State Attorney General can charge you with or present to a Grand Jury multiple counts of Grand Larceny based on the "extortion statute" and for the value of that extortion just as an attorney advocating in your victimization can protect you by alleging the same.

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 by Blackmail and Extortion when property is stolen or obtained by Extortion as defined in New York Penal Law 155.02(2) above. This particular offense or variety of Blackmail is an "E" felony with a penalty of 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 while also "threatening" a physical injury, damage to another's property or abuse of one's position as a public servant, the Blackmail is a "C" felony punishable by up to fifteen years in state prison.

Whether you are accused of, arrested for, or charged with a Grand Larceny crime in New York City or the Hudson Valley where the theory of the allegation is that you attempted to commit or in fact perpetrated an Extortion or Blackmail, the direct and collateral consequences are frightening. Similarly, if you are the target of a victimizer’s threats and attempts to unjustly enrich themselves through Blackmail and Extortion, the fear can be consuming. Regardless of what side of the law you find yourself, the criminal lawyers at Crotty Saland PC have successfully represented clients on both sides of the law. From preventing indictments and felony convictions to shutting down an Extorter or Blackmail with or without the assistance of law enforcement, Crotty Saland PC will work every legal angle to provide you with the defense or closure that you need.

Call the Blackmail and Extortion defense team (212) 312-7129 or contact us online today.

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