NY Larceny Lawyer

Being charged with larceny in New York is scary. Whether it’s Petit larceny or grand larceny, a conviction concerns your future and freedom.

To ensure informed legal representation, you need experienced New York criminal lawyers when facing larceny charges. As a former NY prosecutor, attorney Mehdi Essmidi knows how the prosecution builds larceny cases. This inside knowledge allows us to build a strong defense for your case.

At the Law Offices of Mehdi Essmidi, we offer exceptional criminal defense for those charged with larceny in New York City and surrounding areas. We know every case is unique, and we build a custom defense for your case. Call us today for a free consultation.

Larceny in New York

Under New York Penal Law, larceny is the wrongful taking, obtaining, or withholding of another person’s property with the intent to deprive the owner of that property or to keep it for yourself or someone else. The gravity of larceny charges in New York depends on the value of the property.

Petit Larceny

Petit larceny, under New York Penal Law § 155.25, is the baseline larceny charge. It’s a Class A misdemeanor that applies when the theft doesn’t meet the criteria for any degree of grand larceny—most commonly when the property is valued at $1,000 or less and doesn’t fall into a special category. While it’s considered a “minor” theft crime, the consequences can involve up to 1 year in city jail and fines up to $1,000.

Grand Larceny

Grand larceny crimes are divided into four degrees, each with increasing penalties:

• Fourth Degree Grand Larceny (Class E felony): Property valued over $1,000. Up to 4 years in state prison.
• Third Degree Grand Larceny (Class D felony): Property valued over $3,000. Up to 7 years in state prison.
• Second Degree Grand Larceny (Class C felony): Property valued over $50,000. Up to 15 years in state prison.
• First Degree Grand Larceny (Class B felony): Property valued over $1 million. Up to 25 years in state prison.

Types of Properties That Increase Larceny Charges

Some types of property can increase larceny charges:

Motor Vehicles: Stealing a motor vehicle valued over $100—other than a motorcycle—is considered grand larceny in the fourth degree, regardless of whether the value reaches the standard $1,000 threshold.

Firearms: Stealing any firearm, rifle, or shotgun is considered grand larceny in the fourth degree.

Credit or Debit Cards: Stealing these is considered grand larceny in the fourth degree.

Defense for Larceny Charges

When you’re facing larceny charges in New York, you need a strong defense. We use our experience as former prosecutors to build defenses for our clients. Here are possible defenses:

Lack of Intent: Larceny requires intent to deprive the owner of the property. We may argue that you didn’t intend to steal; perhaps you thought the property was yours or that you had permission to take it.

Mistaken Identity: If you were misidentified as the perpetrator, we may prove your innocence through alibis or challenging witness identifications.

Claim of Right: This defense is that you honestly believed you had a right to the property.

Consent: If the property owner gave you permission to take or use the property, this could be a defense.

Challenging the Evidence: We review all evidence against you to find inconsistencies or violations of your rights during the investigation or arrest.

Unreliable Witnesses: Question the credibility of witnesses who may have given conflicting statements or have motives to lie.

Insufficient Proof of Ownership: Show that the prosecution cannot definitively prove that the property belonged to someone else.

Contact Us for a Free Consultation

Don’t let larceny charges take over your life. At the Law Offices of Mehdi Essmidi, we fight for you. Our experience as former NY prosecutors gives us an inside view of how the other side builds their case. We’ll use that to build a defense for you. Remember, the sooner you call us, the sooner we can start working on your defense.

Frequently Asked Questions

What’s the difference between Petit larceny and grand larceny in New York?

The main difference is the value of the property allegedly stolen. In the context of New York grand larceny, a Class A misdemeanor applies when the theft doesn’t meet the criteria for any degree of grand larceny, most commonly when the property is valued at $1,000. Grand larceny involves property valued over $1,000 and is divided into four degrees, all of which are felonies. The higher the value, the more serious the charges and penalties.

Can I be charged with grand larceny if the property is worth less than $1,000?

Under New York Penal Law, stealing specific types of property can result in grand larceny charges even when the value is under $1,000. This includes firearms, rifles, and shotguns (regardless of value), credit or debit cards (regardless of value), and motor vehicles valued over $100. Taking property directly from another person or obtaining it through extortion also triggers grand larceny charges regardless of value.

What are the consequences of a larceny conviction in New York?

For Petit larceny, you could face up to 1 year in city jail and fines of up to $1,000. Grand larceny penalties are 4 years in state prison for a Class E felony and 25 years for a Class B felony.

How is criminal possession of stolen property related to larceny charges?

Criminal possession of stolen property often comes with theft charges. It’s when a person knowingly possesses stolen property to benefit themselves or to hinder the owner’s recovery. It is crucial to hire experienced New York criminal lawyers to identify potential defenses.

If I’m charged with larceny, when should I call a lawyer?

You should call an experienced NY larceny lawyer as soon as possible. The sooner we can get started on your case, the better. Remember, anything you say to the police can be used against you, so it’s best to have a lawyer before you say anything about the alleged crime.