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Brooklyn Grand Larceny Defense Lawyers
Understanding Larceny in New York State
Introduction
Generally speaking, the word larceny simply means theft. To define theft, we must understand that this means the taking of the property of someone else without the permission of that person and without the use of force. Another term for larceny is “common theft.”
White Collar Crimes in New York
In the state of New York, all types of larceny are considered white-collar crimes. White collar crimes are considered crimes that are financially motivated and nonviolent.
Grand Larceny Defined
Grand larceny is a more serious type of larceny or common theft. Grand larceny differs from petit or “petty” larceny in that it involves larger quantities of money or more valuable property. Thousands, hundreds of thousands, or even millions of dollars in money or property is usually involved in a grand larceny case. Someone can be convicted of grand larceny whether or not their attempts to steal property were successful. Attempted grand larceny is also a serious crime and punishable.
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Proving a Grand Larceny Case
In order for the prosecution to make a full conviction of grand larceny, there are certain elements that must be proven. Naturally, in order to convict someone of a grand larceny, the prosecution must prove that property was unlawfully taken and carried away or attempted to be taken and carried away. This property must belong to someone else, and it must have been taken or attempted to be taken without the consent of the property owner. Furthermore, the intent of the convicted person must have been to permanently deprive the owner of their property.
Types of Grand Larceny in New York
Every state regards grand larceny and larceny in general differently. In the state of New York, there are 4 degrees of grand larceny. Fourth degree grand larceny is the smallest type of this crime. Details on grand larceny in the fourth degree can be found in the New York penal law Section 155.30 (1). In general, grand larceny in the fourth degree means taking or attempting to take property that is between $1000 and $3000.
Details on grand larceny in the third degree can be found in New York Penal Law Section 155.35. This type of grand larceny is slightly more serious than grand larceny in the fourth degree because it deals with the successful stealing or attempted stealing of property that is between $3000 and $50,000.
Next, there is grand larceny in the second degree. Details on this type of crime can be found in New York Penal Law Section 155.40 (1). Grand larceny in the second degree deals with the successful or attempted stealing of property that exceeds $50,000 but is less than $1 million.
Finally, there is grand larceny in the first degree, which is the most serious type of this crime. Details on this type of crime can be found in New York Penal Law Section 155.42. Grand larceny in the first degree deals with the successful or attempted stealing of property that exceeds $1 million in value.
Punishments for the Various Degrees of Grand Larceny
Each degree of grand larceny comes with different punishments if a conviction if successful. Grand larceny in the fourth degree is punishable by up to four years in prison. Grand larceny in the third degree is punishable by up to seven years in prison. Grand larceny in the second degree is punishable by up to 15 years in prison. And finally, grand larceny in the first degree is punishable by up to 25 years in prison.
Seeking Legal Assistance
A Reputable Attorney Can Help If you have been convicted in a grand larceny crime in the State of New York, only a trusted attorney who deals with white-collar crimes can help you. Furthermore, it’s always worth seeking out this help as you may be able to have your charges lifted or reduced with the help of a great lawyer. Contact Spodek Law Group to learn more.
Defending Petit Larceny Charges
Larceny is another word for theft, and within the judicial system, theft can be defined as the taking and carrying away of someone else’s property without their permission and with the intent of permanently depriving that person or party of their property. There are two main types of larceny: grand larceny or grand theft and petit larceny or petit theft. You may also see petit theft referred to as petty theft.
Understanding Petit Larceny
The word “petit” means small in French, and the word “grand” means large in French. Therefore, petit theft is small theft and involves the taking of property that is worth less than $1000. On the other hand, grand theft involves the taking of property that is worth more than $1000. For this reason, petit larceny is considered a misdemeanor, and grand larceny can be considered a felony.
Defense Strategies for Petit Larceny
Claiming Right or Ownership
There are always defensibly positions that you and your legal defense can take when it comes to larceny charges. First, there is claiming right or ownership of the property that was taken. On some occasions, charges are brought against someone who took property that they thought they owned. This is not easy to defend on your own, however. It’s not as easy as simply saying that you thought the property was yours, so you took it. More evidence and a clear explanation of your arguments would need to be presented in court, and this is where it is useful to have a quality lawyer on your side.
Intoxication Defense
Another defense in a petit larceny case is intoxication. In some cases, it may be possible to defend theft charges brought against a defendant if they are able to prove that they were intoxicated at the time of the petit theft. This will not take away any wrongdoing in some cases, but it can sometimes lower charges if your lawyer is highly experienced and has the ability to clearly explain your stance. For example, if a defendant was intoxicated when they took a bicycle home after a night out with friends and that bicycle turned out not to be theirs, they may be charged with petit larceny, but if it was only a mistake because of intoxication, charges may be dropped or lowered because of this defense.
Returning Property
Finally, another common and viable defense in the face of petit larceny charges is the return of property. Offering to return property or turning it right away may not lower or eradicate charges altogether, but it can help your case and help you to be more sympathetic in court. Furthermore, proving that you only wanted to borrow the property and then return it may help your case as well.
Legal Assistance for Petit Larceny Charges
Finding a Lawyer Who Can Help You As stated, there are numerous ways that an experienced attorney or lawyer can help you if you have been charged with petit larceny. In fact, several types of defenses can hold up your end of the case and possibly reduce or eliminate charges. If you would like to find out about your options as they relate to a charge of petit larceny, it’s a good idea to contact a lawyer as soon as possible. The sooner the lawyer working on your behalf can go to bat for you and avoid a complete indictment, the better.
As you search for a reputable lawyer in your area, make sure that you consider Spodek Law Group. Not only does this firm have an excellent reputation for helping those who have been charged with petit larceny, but they also offer free consultations. If you would like to explain your position and situation and learn about your legal options with it comes to petit larceny charges, please feel free to contact Spodek Law Group for a free consultation at your earliest convenience.
