Grand Larceny Credit Card
Unlike sections of New York's Grand Larceny statute that deal with theft based on the value of the property stolen, one of the common forms of Grand Larceny prosecuted in New York Courts (Manhattan, Brooklyn, Bronx, Queens and the surrounding suburbs in Westchester, Rockland and Nassau Counties), is Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(4).
One is guilty of Grand Larceny in the Fourth Degree according to New York Penal Law 155.30(4) when he or she steals a credit card or debit card. This offense is punishable by up to four years in state prison.
If you are charged with the above Grand Larceny offense, it is important to understand that the law does not impose on the accused the knowledge that he or she was stealing a credit card. Instead, prosecutors need only establish that you were stealing someone else's property. In other words, if you steal a bag that is worth $30 and it was your intent to do so, but it turns out that there is an American Express card in that bag, then you can also be charged with the felony of Grand Larceny in the Fourth Degree. Additionally, it is no defense to this crime if the particular credit card is no longer active. Despite this seemingly "strict liability" standard imposed by the statute, certain defenses may be available to you. If you are charged with New York Penal Law 155.30(4), consult with a New York criminal defense attorney to preserve and implement that potential defense. For further information on this particular crime, please refer to the Crotty Saland criminal defense blog entry on Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(4).
The New York criminal defense lawyers at Crotty Saland PC represent clients throughout the New York City region. Prior to starting the criminal defense firm, both partners served as prosecutors in the Manhattan District Attorney's Office.
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