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Long Island, New York Criminal Defense Blog

Wednesday, January 14, 2015

In New York, What is the Difference Between Petit Larceny and Grand Larceny?

In New York, many people think the sole difference between Petit Larceny and Grand Larceny is the monetary amount that is alleged to be taken, but that is wrong.  Some property, when taken without permission of the owner regardless of their monetary value, is considered to be Grand Larceny.   

In New York, a person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, when he wrongfully takes, obtains or withholds such property from an owner thereof. Larceny includes a wrongful taking, obtaining or withholding of another's property by common law larceny, by trespassory taking, larceny by trick, embezzlement, or obtaining property by false pretenses. 

It is also considered a larceny to acquire lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner. One example of this is type of larceny occurs when a sum of money is accidentally placed in another’s bank account and the person spends that money as it was theirs instead of informing the bank of the error.     

Larceny also occurs when one commits the crime of issuing a bad check, as defined in Penal Law Section 190.05 or by false promise. A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the person or another will: (a) cause physical injury to some person in the future or (b)cause damage to property or (c)engage in other conduct constituting a crime or (d) accuse some person of a crime or (e) cause criminal charges to be instituted against him or (f) expose a secret or publicize an asserted  fact,  whether  true  or false, tending to subject some person to hatred, contempt or ridicule or (g)cause a strike, boycott or other collective  labor  group  action injurious to some person's business or testify or provide  information or withhold  testimony or information with respect to another's legal claim or defense or (h)use or abuse his position as a public servant by performing some act within or related to his official  duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely or(i)perform any other act which would not  in itself materially benefit the actor but which is calculated to harm another person materially with  respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

Penal Law Section 155.25: Petit Larceny.

    A person is guilty of petit larceny when he steals property.  The value of the property alleged to be stolen does not exceed $1,000.00.

    Petit larceny is a class A misdemeanor. 

Penal Law Section 155.30:  Grand Larceny in the Fourth Degree.

    A person is guilty of grand larceny in the fourth degree when he

  steals property and when:

    1. The value of the property exceeds one thousand dollars; or

    2. The property consists of a public record, writing or instrument

  kept, filed or deposited according to law with or in the keeping of any

  public office or public servant; or

    3. The property consists of secret scientific material; or

    4. The property consists of a credit card or debit card; or

    5. The property, regardless of its nature and value, is taken from the

  person of another; or

    6. The property, regardless of its nature and value, is obtained by extortion; or

    7.  The property consists of one or more firearms, rifles or shotguns,

  as such terms are defined in section 265.00 of this chapter; or

    8. The value of the property exceeds one hundred dollars and the

  property consists of a motor vehicle, as defined in section one hundred

  twenty-five of the vehicle and traffic law, other than a motorcycle,  as

  defined in section one hundred twenty-three of such law; or

    9. The property consists of a scroll, religious vestment, a vessel, an

  item comprising a display of religious symbols which forms a

  representative expression of faith, or other  miscellaneous item  of

  property which:

    (a) has a value of at least one hundred dollars; and

    (b)  is kept for or used in connection with religious worship in any

  building, structure or upon the curtilage of such building or  structure

  used  as  a  place  of  religious worship by a religious corporation, as

  incorporated under the religious corporations law or the education law.

    10. The property consists of an access device which the person intends

  to use unlawfully to obtain telephone service.

    11. The property consists of anhydrous ammonia or liquified ammonia

  gas and the actor intends to use, or knows another person intends to

  use, such anhydrous ammonia or  liquified  ammonia  gas  to  manufacture

  methamphetamine.

    Grand larceny in the fourth degree is a class E felony.

Penal Law Section 155.35: Grand larceny in the Third Degree.

    A person is guilty of grand larceny in the third degree when he or she

  steals property and:

    1. when the value of the property exceeds three thousand dollars, or

    2. the property is an automated teller machine or the contents of an

  automated teller machine.

    Grand larceny in the third degree is a class D felony.

Penal Law Section 155.40: Grand larceny in the Second Degree.

    A person is guilty of grand larceny in the second degree when he

  steals property and when:

    1. The value of the property exceeds fifty thousand dollars; or

    2. The property, regardless of its nature and value, is obtained by

  extortion committed by instilling in the victim a fear that the actor or

  another  person  will  (a)  cause  physical injury to some person in the

  future, or (b) cause damage  to  property,  or  (c)  use  or  abuse  his

  position as a public servant by engaging in conduct within or related to

  his  official  duties,  or by failing or refusing to perform an official

  duty, in such manner as to affect some person adversely.

    Grand larceny in the second degree is a class C felony.

Penal Law Section 155.42: Grand Larceny in the First Degree.

    A person is guilty of grand larceny in the first degree when he steals

  property and when the value of the property exceeds one million dollars.

    Grand larceny in the first degree is a class B felony.

   Whether you have been arrested and accused of a Petit Larceny or a Grand Larceny in the 4th, 3rd, 2nd or 1st degree, it is very important to have a skilled litigator representing you.  The Law Firm of Michael A. Arbeit P.C. has represented people accused of Petit Larceny and Grand Larceny in Nassau County, Suffolk County, Queens County, New York County, Kings County, and the Bronx County.  Long Beach City Court . Glen Cove City Court.  Amityville Village Court.   Call Michael A. Arbeit, P.C. today for a free and confidential consultation. We are always available 24/7 at (516) 766-1878.

    

 




Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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