Grand Larceny is the wrongful getting, taking or withholding of another’s property by trick, embezzlement or obtaining property by false pretenses in order to retain such item and its value must have exceeded a certain amount dollar value ($1,000 or more). Grand Larceny has various degrees dependant on the amount stolen and the type of property:
• 1st degree Grand Larceny deals with an item that is valued at over 1 million dollars or more.
• 2d degree Grand Larceny involves theft of an item of $50,000, but not exceeding $999,999.99. This type of offense can be charged as a C Felony.
• 3d degree Grand Larceny deals with stolen items valued at least $3,000, but not exceeding $49,999.99. Considered a D felony.
• 4th degree Grand Larceny involves the theft of an item valued at over $1,000, but not to exceed $2,999.99. Grand Larceny in the 4th degree also covers thefts of a firearm, car (valued at more than $100.), stealing a public record, or an item of religious worship. It is considered an E felony.
A person can be charged with of Grand Larceny under several circumstances. In order to be convicted of Grand Larceny, it must be shown that a person stole property with intent to deprive another person of property or to keep it himself or give to a third person and wrongfully takes, obtains or withholds such property from the property owner.
Grand Larceny can also be proven if a person acquires lost property which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient without taking reasonable measures to return such property to the owner.
Passing a bad check can also fall under the charge of Grand Larceny. By committing the crime of issuing a bad check a person is committing a form of theft that can be charged as Grand Larceny.
When is Best Time to Act?:
It is important to seek legal advice from experienced counsel as soon as you become aware that you could potentially be subject of the investigation and/or are under threat of indictment for any degree of Grand Larceny. Contact our experienced, skilled NY criminal defense attorneys today at 212-736-3900.
Types of Charges:
Grand Larceny may encompass a number of charges such as Scheme to Defraud, Falsifying Business Records and Embezzlement.
Grand Larceny schemes range from acts committed by individuals engaged in theft of employer, passing a bad check, shoplifting, withholding another person’s property by deception and falsifying business documents.
Crimes Related to Grand Larceny:
Many crimes can be related to Grand Larceny include, but not limited to Embezzlement, Scheme to Defraud and Falsifying Business records.
There are various degrees of Grand Larceny, ranging from first to fourth degree. Briefly, under New York Penal statute § 155.05 Larceny is defined as:
1. 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, he wrongfully takes, obtains or withholds such property
from an owner thereof.
2. Larceny includes a wrongful taking, obtaining or withholding of
another’s property, with the intent prescribed in subdivision one of
this section, committed in any of the following ways:
(a) By conduct heretofore defined or known as common law larceny by
trespassory taking, common law larceny by trick, embezzlement, or
obtaining property by false pretenses;
(b) By acquiring lost property.
Contact our skilled New York defense attorney team today by calling 212-736-3900 for more information on the various degrees of Grand Larceny and possible penalties and defenses.
Penalties & Punishment:
The length of imprisonment and/or fines may vary depending on the nature and circumstances of the offense, whether the offender was a second or persistent felony offender, and the offender’s criminal history. Class E felonies can result in imprisonment up to four years and/or a fixed fine not more than $5,000 or double the defendant’s gain from committing the offense. An offender may also face from 3 to 5 years on probation. Misdemeanor charges can also result in additional fines and jail time when related to felony charges.
Under New York §155.15, one of the defenses to Grand Larceny include an affirmative defense that the property was appropriated under a claim of right made in good faith. In other words, the person receiving the property did not know the property was stolen or made a reasonable effort to return to rightful owner.
Differences between State & Federal Charges:
Under the New York Penal statutes, there are various degrees of Grand Larceny. For example, Grand Larceny in the Fourth Degree is an “E” felony. Although “E” felonies are the lowest level felonies in the New York Penal Law, they are still felonies and require serious legal representation. Crimes of this level or degree, including NY PL 155.30, carry no minimum sentence for a first time offender. For others it can mean jail, prison, probation, community service, a fine, restitution or a conditional discharge are all potential sentences.
Many white collar crimes are both federal and state offenses, and can be prosecuted by either or both New York and the federal government. Federal offenses will be prosecuted in New York’s federal district courts.
High Profile Cases:
On March 5, 2014, Manhattan District Attorney Cyrus R. Vance, Jr., announced the indictment of Manhattan-based garment wholesaler, Payman Kafash A/K/A Peter Kafash, for stealing more than $800,000 from multiple factoring companies. The defendant is charged in New York State Supreme Court with one count each of Grand Larceny in the Second Degree and Scheme to Defraud in the First Degree and 75 counts of Falsifying Business Records in the First Degree.
According to the indictment and documents filed in court, KAFASH, a Midtown Manhattan wholesaler of garments, submitted fake or altered invoices to multiple lenders in order to receive cash advances on the customer invoices due to his company, Modeani Group Ltd. It is alleged that after advancing KAFASH cash, lenders later discovered that many of these invoices were either phony or overbilled, and therefore not collectible.
If you are facing grand larceny, a government investigation or some other enterprise corruption violation, you need a white collar attorney who can get you the best results. The Blanch Law Firm has been fighting for our clients’ freedom for years. Contact our expert criminal defense attorney team today.
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