Grand Larceny Sentencing Guidelines
The New York Grand Larceny lawyers and Embezzlement attorneys at Crotty Saland PC have vast experience defending those accused of theft and larceny crimes. In fact, our founding New York theft lawyers are not only respected criminal defense attorneys, but also served as Manhattan Assistant District Attorneys where they honed their skills in the trenches of criminal court. Moreover, as prosecutors, they spearheaded prosecutions and investigations into a wide variety and degrees of Grand Larceny schemes. It is this experience and training that we have relied upon and utilized to get our clients the best results we believe we can in each of their individual cases.
When defending those accused of Grand Larceny, Embezzlement or any theft crime in the New York City region, our lawyers must always have a firm grasp on what we believe is the strongest and most formidable defense. Because our success in avoiding prosecution in a multimillion dollar Grand Larceny investigation for one client or obtaining a dismissal of a theft case in the tens of thousands of dollars for another client in by no means a guarantee of a similar result in new case, it is imperative for our attorneys and clients to have a thorough understanding the law. One of those areas is involves the potential sentences and punishment for New York theft crimes and Grand Larceny convictions. Whether the Grand Larceny is perpetrated by embezzlement, trick, extortion, fraud or any other means, the following information addresses the potential sentences, guidelines, and punishment for these offenses.New York Penal Law 155.30 - Grand Larceny in the Fourth Degree
An "E" felony, Grand Larceny in the Fourth Degree is punishable by no mandatory minimum term of prison, but a maximum term of one and one third to four years in state prison. If you are a predicate felon, generally meaning you have a felony conviction within the last ten years, the mandatory minimum term of prison is one and one half to three years in prison while the maximum is two to four years in state prison.
It is worth noting that a first time offender can be sentenced to "city" or "county" time in a local jail such as Rikers Island or the Westchester County Jail. This term of jail for a non-predicate felon can be up to one year. Moreover, you can be sentenced to a "split" whereby you serve up to six months in a local jail followed by five years probation. You can also be sentenced as a first time offender or non-predicate felon to a straight term of five years in probation, a conditional discharge or something involving no supervision at all.
It is important to understand that if your theft or Grand Larceny criminal lawyer is successful, a misdemeanor plea or violation plea may be worked out (it is permissible under the law) in just about any Grand Larceny allegation prior to indictment. Merely because it is possible by no means makes such a deal likely or easy. In such a case, however, restitution is often a critical component in getting the best deal. An in depth conversation with your legal counsel should address whether or not such a deal is possible in your case. Such a conversation should occur as early in the process as possible so that the potential opportunity is not lost.New York Penal Law 155.35 - Grand Larceny in the Third Degree
A "D" felony, Grand Larceny in the Third Degree is punishable by up to two and one third to seven years in state prison. Again, there is no mandatory minimum for the first time offender or non-predicate felon. Those who are predicate felons face a minimum of two to four years in state prison and a maximum of three and one half to seven years in a state facility.
Like Grand Larceny in the Fourth Degree, Third Degree Grand Larceny is also punishable with a conditional discharge, straight probation, a "split" or "city time" if you are not a predicate felon. Moreover, while it is very unlikely a non-felony deal could be worked out post-indictment, misdemeanors, violations and other non-criminal dispositions can potentially be achieved pre-indictment. Obviously, the sooner you ascertain and implement your defense, the better off you will be.New York Penal Law 155.40 - Grand Larceny in the Second Degree
A "C" felony, Grand Larceny in the Second Degree is punishable by up to five to fifteen years in prison. First time offenders and non-predicate felons face no mandatory minimum sentence. A predicate felon faces a minimum of three to six years and a maximum of seven and one half to fifteen years in state prison. J
ust as the lower two degrees of Grand Larceny, first time offenders and non-predicate felons can be sentenced to only probation, up to one year in a city or local jail, a "split" of probation and jail or a conditional discharge. Moreover, the same potential opportunity for a non-felony agreement is possible pre-indictment while the same cannot be said with confidence after a Grand Jury has voted the same.New York Penal Law 155.42 - Grand Larceny in the First Degree
A "B" felony, Grand Larceny in the First Degree is by far and away the most serious theft or larceny related crime that you and your Grand Larceny lawyer can face. Regardless of whether or not you are a first time offender or you have a long rap sheet, there is always a mandatory minimum term of incarceration in state prison. First time offenders and non-predicate felons face a minimum of one to three years in state prison and a maximum of eight and one third to twenty five years in state prison. For those who are predicate felons, the minimum term of prison is four and one half to nine years while the maximum is twelve and one half to twenty five years in state prison.
Like the other degrees, non state prison sentences could be worked out with a plea to a lower level felony and misdemeanor offenses pre-indictment. Post-indictment, the law permits a departure to a lower level felony should the prosecutor agree.
It is crucial to understand that in theory almost any type of pre-indictment disposition can be worked out. Timing and advocacy on the part of your criminal defense attorney is crucial. Once a case has been indicted by a Grand Jury, prosecutors are limited in how far they can reduce a case. Moreover, while the criminal lawyers at Crotty Saland PC have had tremendous results representing those accused of Grand Larceny schemes in New York City and the region, assuming that any criminal defense attorney's past result will guarantee a future result is both reckless and naive. No attorney can guarantee a result. More importantly, take the time to dig deep into your case with your counsel, work at identifying your defense and make sure your attorney advocates as passionately as he or she can to ensure that the final disposition you receive - dismissal, a lesser deal or a top count plea - is the best result you could have obtained.
In depth information on each degree and charge of Grand Larceny in New York can be found through the respective links. The New York Grand Larceny information page has extensive information on each of the degrees and many subsections of Grand Larceny. Moreover, the New York Criminal Lawyer Blog is linked from that page directly to pertinent laws, statutes, legal decisions and cases in the news involving Grand Larceny.
Crotty Saland PC represents the accused from investigation through trial in New York City and the region.
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