NY Larceny Lawyer

Get an Experienced Former Prosecutor on Your Side

Being charged with larceny in New York can be overwhelming because the stakes are high. Whether it’s petit larceny or grand larceny, a conviction can affect your future and freedom.

When facing larceny charges, you need experienced New York criminal lawyers to ensure informed legal representation. 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 carefully craft a custom defense for your case. Call us today for a free consultation.

Larceny in New York

Larceny, under New York Penal Law, is the taking, obtaining, or withholding of another person’s property with the intention to deprive the owner of its use. The gravity of larceny charges in New York depends on the property’s value. Let’s break down the two main types of larceny charges:

Petit Larceny

Petit larceny, under New York Penal Law § 155.25, is the least severe type. It’s a Class A misdemeanor and involves property valued at $1,000 or less. 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): Taking property valued over $1,000. Sentencing can result in up to four years in state prison.
Third-degree Grand Larceny (Class D felony): Involves property valued between $3,000 and $50,000. The sentence can be up to seven years in state prison.
Second Degree Grand Larceny (Class C felony): Property valued between $50,000 and $1 million. A potential sentence of up to 15 years in state prison.
First-degree grand Larceny (Class B felony): Property valued over $1 million can result in a sentence of up to 25 years in state prison.

What Affects Larceny Charges

Several factors can impact the charges and penalties when facing larceny charges in New York. At the Law Offices of Mehdi Essmidi, we examine each of these factors to build a strong defense for our clients. Here are some of the factors that can affect your larceny charges:

Value of the Property

The value of the stolen property is the most important factor in determining the charge. The prosecution must prove the value of the property beyond a reasonable doubt. Our experienced team can challenge the prosecution’s valuation and potentially reduce the charge.

Type of Property

Some types of property can increase larceny charges:

Motor Vehicles: Stealing a car is always considered grand larceny.
Firearms: Stealing a firearm is considered grand larceny in the fourth degree.
Credit or Debit Cards: Stealing a credit or debit card is considered grand larceny in the fourth degree.

Related Charges

Larceny crimes rarely stand alone. Depending on the facts of your case, you may face additional charges that can complicate your situation. Here are some common charges that often relate to larceny:

Criminal Possession of Stolen Property

Under New York Penal Law § 165.40, criminal possession of allegedly stolen property occurs when a person possesses stolen property with the intent to benefit themselves or hinder the owner from recovering it. Like larceny, this charge is divided into degrees based on the value of the property:

Fifth Degree (Class A misdemeanor): Any value
Fourth Degree (Class E felony): Over $1,000
Third Degree (Class D felony): Over $3,000
Second Degree (Class C felony): Over $50,000
First Degree (Class B felony): Over $1 million

Theft Crimes

Theft crimes are a broad category of offenses involving taking property without permission. These can include:

Identity theft
Credit card fraud
Embezzlement

If you’re found guilty, each crime has possible penalties and consequences. We have the experience to defend against all types of theft charges.

Robbery

Robbery under New York Penal Law § 160.00 is the taking of property from another person. This is a more serious offense than larceny because it involves the use or threat of physical force. Robbery charges are always felonies in New York, with penalties ranging from 4 years to 25 years in state prison, depending on the degree of the charge.

Burglary

Burglary under New York Penal Law § 140.20 is when a person knowingly enters or remains in a building without permission with the intent to commit a crime. Even if no property is stolen, the intention to commit a crime while in a building without permission is burglary. Burglary charges in New York are felonies with penalties ranging from 4 to 25 years in state prison.

Defense for Larceny Charges

When facing larceny charges in New York, you need a strong defense. We use our experience as former prosecutors to build defenses for our clients. Below is an overview of some of the defenses we may use:

Lack of Intent: Larceny requires intent to deprive the owner of the property. We may argue you didn’t intend to steal. Perhaps you thought the property was yours, or 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: We may 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 knowledge and experience to build the best possible defense for you. Remember, the sooner you contact 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, petit larceny involves property valued at $1,000 or less. Grand larceny, on the other hand, 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, regardless of value. This includes motor vehicles, firearms, and credit or debit cards.

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 four 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 larceny 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.