New York law uses the term larceny to describe theft. When a person takes property from another without their permission, or obtains property from another without permission or withholds property from another without their permission, that person could be charged with Larceny in New York State. There are different ways to commit larceny. The laws and penalties regarding these offenses depend on the specific method in which the theft was committed. Larceny can be committed in various ways:
- The forcible taking of property
- The non-forcible taking of property
- The taking of property by trick or embezzlement
- Obtaining property by false pretenses
- Issuing a bad check
- Extorting property from someone
- Acquiring lost property
All of the above are all theft offenses under New York law.
The lowest level of theft offense is petty larceny which is a misdemeanor. Petty larceny is when the unlawful taking of another’s property is valued at less than $1000. Petty larceny is a class a misdemeanor.
Felony theft offenses are classified as different degrees of larceny grand larceny.
- The lowest level of grand larceny is Grand Larceny in the 4th Degree where the property or services exceed $1000 but are less than $3000 or the property is a credit card, a firearm or motor vehicle and there are several other specific types of property. Grand larceny in the 4th Degree is in E felony where upon conviction, a person can be sentenced up to 4 years in state prison.
- The next level of grand larceny is Grand Larceny in the 3rd Degree where the stolen property or services is more than $3000 but less than $50,000. Grand larceny in the 3rd Degree is a D felony where upon conviction, a person be sentenced up to 7 years in state prison.
- The next level of grand larceny is Grand Larceny in the 2nd Degree where the property or the services stolen is more than $50,000 but less than $1 million. Grand Larceny in the 2nd Degree is a class C felony where upon conviction a person can be sentenced up to 15 years in prison.
- The highest level of grand larceny is grand larceny in the 1st Degree where the property or services stolen exceeds $1 million. Grand Larceny in the 1st Degree is a class B felony where upon conviction a person can be sentenced up to 25 years in state prison.
There are various defenses to larceny related offenses. If you or a loved one are charged with any type of theft or larceny offense you need the experience of a skilled attorney who has knowledge of these defenses. You may call it a misunderstanding but they may call it theft. If this happens to you, contact Watford Jackson, PLLC.
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