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Experienced Criminal Defense Attorneys Defend New Yorkers Charged with Theft

Skilled representation for a range of property crimes

In New York, the crime of theft is still referred to as larceny, a term rooted in English common law. Larceny involves taking someone else’s property and keeping it permanently or for a significant amount of time. This crime does not involve the use of a weapon or force — that’s robbery. Gregg & Associates P.C. in Staten Island puts more than 20 years of theft defense experience to work for clients throughout the tri-state area charged with larceny.

What constitutes property under New York larceny law?

Larceny charges apply in New York to the theft of these items:

  • Money
  • Personal property
  • Real property (land and buildings)
  • Computer data
  • Computer program
  • Any article, substance or thing of value, including utilities such as gas, steam, water or electricity that is paid for

To support a charge of larceny, the prosecutor must prove that you intended to deprive the owner of the property permanently or for long enough to decrease the property’s value or benefit, or that you intended to do so to gain the benefit of the property for yourself. The theft could occur by simply taking the property or by embezzlement, false pretenses, writing a bad check or by extortion.

Defenses to larceny charges

Our theft defense attorneys in New York explore possible defenses to larceny charges, which may include these:

  • You had the owner’s permission to take the property.
  • There was an honest misunderstanding about taking the property.
  • You believed you had a legitimate right to the property.
  • You were just borrowing the property.
  • You were a victim of entrapment or were coerced into taking the property.

Available defenses depend entirely on the facts of an individual case. Our criminal defense attorneys will investigate and explore all potential strategies for achieving the best possible result for you.

Penalties for larceny in New York

Larceny charges are divided into two categories, petit larceny and grand larceny, and the severity of the charges increase with the value of the stolen property:

  • Petit larceny. Theft of property valued up to $1,000. Class A misdemeanor punishable by up to one year in prison and up to a $1,000 fine.
  • Fourth-degree grand larceny. Theft of property exceeding $1,000, or a vehicle, firearm or credit card. Class E felony punishable by up to four years in prison, plus fines.
  • Third-degree grand larceny. Theft of property exceeding $3,000. Class D felony punishable by one to seven years in prison, plus fines.
  • Second-degree grand larceny. Theft of property exceeding $50,000. Class C felony punishable by one to 15 years in prison, plus fines.
  • First-degree grand larceny. Theft of property exceeding $1 million. Class B felony punishable by one to 25 years in prison, plus fines.

Prosecutors value the property based on its market value at the time of the crime or the cost of replacing it. Fines can vary but the judge typically assesses a fine at double the value of the stolen property, or $5,000, whichever is more.

Larceny may sound like a simple charge, but the penalties can be severe. Our attorneys work diligently to ensure you receive skilled representation at every step in the process, including plea bargaining or trial.

Contact trusted theft defense attorneys in New York

Gregg & Associates P.C. offers a free initial consultation at our Staten Island office. If you are facing any level of theft/larceny charge, please contact our criminal defense attorneys to discuss your case and see how we can help. To schedule a consultation, please call us at 866-308-3353 or contact us online.

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