Some of the most commonly charged crimes in New York are theft-related offenses, also known as “larceny”. While some larceny charges can be resolved with a court mandated anti-shoplifting program, other convictions can result in several years in jail. What will happen after an individual is convicted of a larceny-related crime depends on several factors, including: the nature of the property allegedly stolen; the individual’s criminal history; the manner in which the item was taken; the value of the item; and other factors set forth in New York State’s Penal Code. Here are some commonly asked questions about grand larceny charges in New York:
Q: What is larceny?
A: Under New York law, an individual is guilty of larceny when he or she, with the intent to deprive another of property or to appropriate the property to himself or to a third person, he or she wrongfully takes, obtains or withholds property from its rightful owner.
Q: What is the difference between a petit larceny and a grand larceny?
A: You will face a charge of grand larceny if you are suspected of stealing property with a value of more than $1000. If the property has a value of $1000 or less, then the charge will be petit larceny.
Q: Can you be held in jail after being charged with a petit larceny?
A: Petit larceny itself is a non-bail eligible offense and usually individuals charged under this provision will not be held in jail. However, under certain circumstances, including if you have an open criminal matter, a judge may be permitted to set monetary bail on a petit larceny case.
Q: Can you be held in jail after being charged with a grand larceny?
A: Grand larceny in the first degree is a bail-qualifying offense, meaning a judge may set monetary bail to ensure an individual’s return to court. Other grand larceny charges are not, by themselves, bail eligible. However, in certain circumstances - including if you are on probation, or have an open criminal matter, a judge may set monetary bail on other grand larceny charges. When facing a possible larceny charge, it is always best to consult an attorney about your individual situation.
Q: What does it mean if I am charged with grand larceny in the first degree, second degree, third degree, or fourth degree?
A: The degree of felony you are charged with will have a drastic effect on what you may be sentenced to if convicted and what plea deal the prosecutor may offer you. If you are charged with grand larceny in the first degree you face up to 25 years in prison; grand larceny in the second degree carries a prison sentence of up to 15 years; grand larceny in the third degree a 7-year term of imprisonment; and grand larceny in the fourth degree up to 4 years of incarceration.
Q: What is the maximum sentence you could receive if you are convicted of petit larceny?
A: A petit larceny can result in up to 364 days in jail.
Being charged with either a petit or grand larceny could result in serious consequences. These consequences do not start solely after someone is convicted of a crime. A pending larceny charge could mean that you were placed under arrest, placed in handcuffs; spent time in a police precinct holding cell; and had to appear before a judge and prosecutor. This process is never pleasant and navigating your case is cruel. If you are facing a larceny charge, having an experienced grand larceny lawyer is essential to ensure that your rights are protected. Reach out for a free consultation today.