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New York Penal Code § 155.42: Grand Larceny in the First Degree
New York Penal Code § 155.42: Grand Larceny in the First Degree
If you’re reading this, it’s likely you’ve run into a serious legal problem involving high-value property—potentially over $1 million—and you need top-tier legal representation. At Spodek Law Group, we understand your anxiety, and we take that very seriously. Our objective is simple: fight to get you the best outcome possible.
What § 155.42 Means: Grand Larceny in the First Degree
Under New York Penal Code § 155.42, you can be charged with Grand Larceny in the First Degree if you’re accused of stealing property valued at more than $1 million. It’s a Class B felony carrying potential prison sentences of up to 25 years. That means if you’re convicted, you might spend a significant portion of your life behind bars.
But this isn’t the end of the story. Our firm has over 50 years of combined experience defending clients in cases that many say are unwinnable. We believe, earnestly, that every single case has a path forward—whether it’s challenging the evidence, proving lack of intent, or negotiating a favorable plea.
Federal Angle: Why It Matters
Grand larceny cases can escalate when federal agencies suspect interstate elements. If there’s any hint of wire transfers across state lines, electronically orchestrated transactions, or multi-state bank accounts, the Department of Justice (DOJ) could step in. That introduces separate legal hurdles—like federal sentencing guidelines, mandatory minimums, and the complexities of dual jurisdiction.
Some clients worry about Double Jeopardy, but remember: being tried in state court doesn’t bar the feds from bringing separate charges if they find a distinct federal violation. At Spodek Law Group, we’re recognized nationwide for handling these overlapping state-federal investigations. It’s why so many clients, from all over the USA, choose us.
Potential Penalties and the Need for High-Powered Defense
A Class B felony conviction under § 155.42 might result in:
- Lengthy Prison Time: Up to 25 years.
- Hefty Fines: From thousands to millions of dollars, depending on the alleged financial loss.
- Restitution: You might be forced to pay back what was allegedly taken.
- Collateral Consequences: Losing professional licenses, facing immigration issues, or having trouble finding future employment or housing.
And if your case triggers federal charges, you’re dealing with an entirely different system, where sentencing guidelines can be harsh and judges often have limited discretion. If the feds say you crossed state lines—or used any form of interstate communication—your exposure to risk climbs even higher.
Our Defense Strategies: Custom-Tailored and Nuanced
At Spodek Law Group, we focus on real-world defense strategies. We pride ourselves on our ability to roleplay multiple scenarios, anticipate what the prosecution might do, and build layered defenses.
- Challenging Intent
- Scenario: You’re a corporate officer accused of mismanaging funds. The prosecution claims you knowingly took the money.
- Strategy: We show there’s no criminal intent—maybe it was poor bookkeeping or a misunderstanding of how funds were allocated. We argue you had legitimate authority and no intention to defraud anyone.
- Misidentification
- Scenario: You allegedly stole $2 million in jewelry, but surveillance footage is grainy, and no one can confirm you were at the scene.
- Strategy: We look at the reliability of every eyewitness, plus any questionable photographic or electronic evidence. If there’s no hard proof you committed the crime, we push for dismissal.
- Entrapment and Government Overreach
- Scenario: An undercover operative cornered you into a complex financial scheme you had no interest in pursuing until you were manipulated.
- Strategy: We argue that law enforcement’s heavy-handed tactics or misleading promises coerced you into illegal conduct you wouldn’t have done otherwise.
- Illegal Search and Seizure
- Scenario: Authorities raided your office without a valid warrant and seized boxes of documents.
- Strategy: We file motions to suppress anything gathered through unconstitutional methods. If the prosecutor relied on those materials, the case might collapse.
- Paper Trail Forensics
- Scenario: You’re accused of being the mastermind of a multi-state Ponzi scheme.
- Strategy: We deploy professional investigators, forensic accountants, and digital experts. We’ve done this for high-profile clients (like Anna Sorokin/Delvey) and know how to dismantle questionable financial evidence.
A Quick Look at Core Defenses
| Defense | Argument | Key Legal Reference |
|---|---|---|
| Lack of Intent | No willful theft took place | N.Y. Penal Law §§ 155.00, 15.05 |
| Mistaken Identity | Unreliable identification or flawed surveillance | People v. Hall, 18 N.Y.3d 122 (2011) |
| Illegal Search/Seizure | Fourth Amendment violations | U.S. Const. amend. IV; N.Y. Const. art. I |
| Entrapment | Official induced or coerced the criminal conduct | N.Y. Penal Law § 40.05; Federal guidelines on entrapment |
| Insufficient Evidence | Prosecutor fails to meet burden of proof | In re Winship, 397 U.S. 358 (1970) |
Real-World Tips and Practical Insight
- Don’t Go Silent on Records: Keep any emails, invoices, and financial statements that might help us show you weren’t intentionally diverting funds.
- Be Careful with What You Say: Anything you say—on social media or to investigators—can haunt you. Talk to your lawyer first.
- Act Quickly: The earlier we jump on your case, the better the chance we have to shape the narrative, secure evidence, and negotiate with the prosecution.
- Restitution Isn’t Always an Admission of Guilt: Sometimes returning property or funds can signal cooperation, but only if it lines up with a broader legal strategy.
What Makes Spodek Law Group Different
We’re not just another criminal defense law firm. We are a nationwide firm with offices throughout NYC and Long Island, and we’ve gained recognition for handling tough high-profile cases that end up in the spotlight. Our managing partner, Todd Spodek, is a second-generation attorney, featured on major news outlets like the NY Post, Newsweek, Fox 5, and many others. The Netflix show about Anna Sorokin? That’s our client—and just one example of how we tackle high-stakes legal matters.
We’re choosy about which clients we take on. We only accept cases we truly believe we can handle successfully, and that means we dedicate serious time and resources to every single client. Our attorneys leverage an advanced digital portal for seamless communication, ensuring you’re always up-to-date on the status of your case.