In New York, many theft offenses are referred to as larceny. There are two main categories, depending on the value and type of property taken. Whether you are facing misdemeanor or felony charges, Michael A. Arbeit, P.C. can provide aggressive legal representation when you need it most.
We will leverage our in-depth legal knowledge and extensive trial experience to protect your rights. Being arrested for a theft crime does not mean you will be convicted. Contact our Freeport office today to get started with a seasoned larceny defense attorney. Our firm represents clients throughout Long Island and New York City.
What Is Larceny?
Under New York Penal Code Article 155, larceny is defined as:
- Wrongfully taking, withholding, or obtaining property with the intent to deprive the owner of its value or to appropriate it for yourself or a third party
- Obtaining property through false pretense, trick, embezzlement, or trespassing
- Acquiring lost or stolen property without taking reasonable steps to return it
- Issuing a bad check
- Making express or implied promises to obtain property in exchange for engaging in future conduct without intending to engage in such conduct
- Obtaining property through extortion
There are two classifications – petit (petty) larceny and grand larceny. Petty theft occurs when an individual takes another person’s property valued at $1,000 or less without their knowledge or consent. Petit larceny often involves shoplifting and is considered a Class A misdemeanor, punishable by up to 1 year in jail and a maximum fine of $1,000.
While defendants often avoid jail time through plea bargaining, a misdemeanor conviction means having a permanent criminal record. If you are facing petty theft charges, our experienced larceny defense attorney will work to win an acquittal and advise you of options that are in your best interests.
Grand Larceny Charges on Long Island
Grand larceny is a felony that involves the unlawful taking of property valued at more than $1,000. There are four degrees of grand larceny:
- Grand Larceny in the Fourth Degree – Theft of property valued at more than $1,000, or the wrongful taking of a public record, secret scientific material, credit card, debit card, one or more firearms, a motor vehicle, or a religious vestment, scroll or vessel with a value of at least $100. This offense is a Class E felony, punishable by up to 4 years in prison and a maximum fine of $5,000.
- Grand Larceny in the Third Degree – Theft of property that exceeds a value of $3,000 or the theft of an automated teller machine or its contents. This is a Class D felony punishable by up to 7 years in prison and a fine of $5,000 or twice the value of the property, whichever is greater.
- Grand Larceny in the Second Degree – Theft of property valued at more than $50,000 is a Class C felony, punishable by up to 15 years in prison and a maximum fine of $15,000.
- Grand larceny in the first degree – Theft of property that exceeds $1,000,000 is a Class B felony, punishable by up to 25 years in prison and a maximum fine of $30,000.
Defenses Against Grand Larceny Charges
Prosecutors must be able to prove the following elements of grand larceny to gain a conviction:
- The defendant unlawfully and knowingly obtained or attempted to obtain, the property of another
- The defendant did so with the intent of temporarily or permanently depriving the owner of the property’s value
- The property was valued at $1,000 or more
We will carefully weigh the strength of the evidence against you and choose the best line of defense, such as:
- Alibi – You were not at the scene when the crime occurred
- Lack of Intent – You believed in good faith that you owned the property, had a right to possess the property, or jointly owned the property
- Obtaining or using for a lawful purpose – You had a legal right to take the property or believed you had that right
- Consent – The owner consented to your taking the property
- Mistake – You acted under the mistaken belief that the property was yours
Why Choose Us?
Whether you are facing petty theft or grand larceny charges, you can depend on us to protect your rights. While we are committed to winning an acquittal, we will be upfront about your prospects and may recommend seeking a reduction of the charges and penalties. We encourage your participation in the matter and will provide trustworthy advice and guidance so you can make informed decisions about your case. In the event of a conviction, we will determine whether to pursue an appeal. Rest assured, we will have your back every step of the way.
Contact Our Experienced Long Island Larceny Defenses Lawyer
Michael A. Arbeit, P.C. defends people who are facing petit or grand larceny charges throughout Nassau County, Suffolk County, and New York City, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.