Attorney for Grand Larceny in Nassau County, Long Island, NY
If you were arrested for any felony charge of grand larceny in Nassau County, Long Island, NY, then contact an experienced criminal defense attorney at Law Office of Stephanie Selloni. Stephanie Selloni is experienced at representing clients on a wide variety of theft charges including larceny, grand larceny, possession of stolen property, and fraud offenses in Nassau County. Her offices are located in Garden City, NY, and she represents clients in courtrooms in Hempstead and Mineola, New York.
Under the laws of the State of New York, all of these property crimes are considered to be “crimes of dishonesty” that come with serious collateral consequences. Any conviction for a crime of dishonesty shows up in even the most basic background check. The potential penalties and punishments depend on the value of the property taken, the type of property taken, the way the property was taken, and the prior record of the person accused, if any.
Grand larceny offenses are often alleged in the workplace, but the accusation can arise in a number of different settings. In some cases, the person making the accusation is a stranger but in most cases the person making the accusation and the person accused of the crime know each other. Call (516) 972-1212 today to talk with Stephanie Selloni, an experienced criminal defense attorney for grand larceny cases in Nassau County, Long Island, about your case today.
Grand Larceny under New York Law
When it is alleged that the value of the property is $1,000 or greater, then the offense can be charged as grand larceny. Grand larceny is a felony that comes with the possibility of harsher penalties and punishments.
Many of these cases hinge on determining the value of the property. If the value of the property is less than $1,000 then the crime should only be charged as a misdemeanor for petit theft. In some cases, the prosecutor will attempt to group the value of items taken at different types into a total amount so that a more serious charge can be filed.
Accusations of Grand Larceny are common in the workforce but can occur in a variety of settings.
Grand Larceny in the Fourth Degree – Class E Felony under Section 155.30 for Grand larceny in the fourth degree – If the value of the item is between $1,000 to $3,000.
Grand Larceny in the Third Degree– Class D Felony under Section 155.35 for Grand larceny in the third degree – If the value of the item is between $3,000 to $50,000.
Grand Larceny in the Second Degree – Class C Felony under Section 155.40 for Grand larceny in the second degree – If the value of the item is more than $50,000 but less than 1 million.
Grand Larceny in the First Degree – Class B Felony under Section 155.42 for Grand larceny in the first degree – If the value of the property is more than 1 million dollars.
Jury Instructions for Grand Larceny in New York
Grand larceny crimes are classified according to the amount of the loss specified in the charging document. The standard jury instructions were last revised on April 4, 2003, and July 27, 2009.
The definition of what constitutes larceny encompasses different theories of larceny specified in subdivision two of Penal Law Section 155.05 as explained in People v. Foster, 73 NY2d 596 (1989). The definition of these other forms of larceny are included in the phrase “wrongfully take, obtain, or withhold.” Most larceny offenses are a form of trespassory taking.
Under New York law, a person can be charged with Grand larceny when that person steals property and when the value of the property exceeds a certain specified amount.
Definitions in the NY Grand Larceny Statute
A person STEALS PROPERTY and commits larceny when, with the intent to deprive another of property or to appropriate the same to himself or herself [or to a third person], he or she wrongfully takes, obtains, or withholds such property from an owner of the property. See Penal Law Section 155.01(1).
Under New York law, the term “PROPERTY” is defined as “any money, personal property, or thing of value.” See Penal Law Section 155.00(1) (the statutory definition of property also includes the following: “or real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value including any gas, steam, water or electricity, which is provided for a charge or compensation.”
The value of the property means value or the property at the time and place of the crime or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime. See Penal Law Section 155.30(1).
This definition of “value” applies to all property other than “certain written instruments” (e.g., check, draft, promissory note, ticket) and gas, steam, water or electricity for which the Penal Law provides a special definition of value in subdivision two and three of section 155.30; accordingly, if one of those special definitions is applicable, it should be substituted for the definition specified in the text of the jury instructions.
Definition of “Owner” in the NY Grand Larceny Statute
Under new York law, the term OWNER means a person having a right to possession to the property superior to that of the person who takes it. See Penal Law Section 155.00(5). Also, see that section for special definition of “owner” to cover the situations:
- where the alleged owner obtains the property by theft;
- where the alleged owner is a joint or common owner of the property; and
- where the property is in the possession of the alleged owner but some other person has a security interest in the property.
Definition of “Intent” in the NY Grand Larceny Statute
Under New York law, the term “INTENT” means a conscious objective or purpose. Thus, a person acts with INTENT TO DEPRIVE ANOTHER OF PROPERTY OR TO APPROPRIATE PROPERTY TO HIMSELF OR HERSELF [ot to a third person] when such person’s conscious objective or purpose is:
- to withhold the property or cause it to be withheld permanently; or
- to exercise control over the property, [or to aid a third person to exercise control over it], permanently; or
- to dispose of the property either for the benefit of himself or herself [or a third person] or, under such circumstances as to render it unlikely that an owner will recover such property.
“Wrongfully Takes, Obtains or Withholds Property” under New York Law
The standard jury instructions for larceny in New York provide that a person “WRONGFULLY TAKES, OBTAINS, OR WITHHOLDS PROPERTY” from an owner when:
- that person takes property without an owner’s consent; and
- exercises dominion and control over that property for a period of time, however temporary; and
- in a manner wholly inconsistent with the owner’s rights.
Elements of New York’s Statute for Grand Larceny
One of the best ways to understand a statue in New York is to read the statutory language and the standard jury instructions for that statute. In New York, the standard jury instructions provide that in order for the jury to find the defendant guilty of grand larceny, the prosecutor is required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following three elements:
- That on or about _____, in the county of ______, the defendant. ________, wrongfully took obtained, or withhold _____ from its owner;
- That the defendant did so with the intent to deprive another of the property or to appropriate the property to himself/herself [or to a third person];
- That the value of the property exceeded ______ dollars.
Finding a Grand Larceny Attorney in Long Island, NY
If you were charged with grand larceny, a felony under New York Law, then contact an experienced criminal defense attorney at Law Office of Stephanie Selloni today. Call to talk directly with Stephanie Selloni about the facts of your case and possible defense to help you fight the charges for the best possible result.
Stephanie Selloni is a criminal defense attorney who is experienced in fighting grand larceny cases in Long Island and Nassau County, NY. Her offices are conveniently located in Garden City, NY. She is also experienced in helping her client fight related charges for a wide variety of serious property crimes including petit larceny, shoplifting, and possession of stolen property.