James M. Wagman, Attorney at Law
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What is the law and the penalties for larceny in New York?

For people in Upstate New York who are placed under arrest and are informed that they are being charged with larceny, there might be some confusion as to what that means. With any criminal allegations, it is imperative to have legal assistance for a criminal defense. That is true with larceny and any other charges. Larceny is when a person takes the property of another and did so without using force. The intention is to deprive the owner of the property forever or for a significant time period.

For there to be a charge of larceny, the intention must have been to take the property on a permanent basis or for a time-period so the worth or benefit will be significantly decreased; or to control the property or to let a third party control it for an extended period to profit from its benefit or worth. Property can include anything of value. The value of the property will be determined by the market when and where the crime takes place or the cost to replace the property within a reasonable time-period.

For petit larceny, it is a class A misdemeanor. Should there be a conviction, the person can get as much as a year in prison and be fined as much as $1,000. Grand larceny has harsher penalties. If it was worth more than $1,000, it is a class E felony with as much as four years in prison and a minimum of one year with fines. If the property was worth more than $3,000, it is a class D felony with as much as seven years in prison with a minimum of one year and fines. If the property was worth more than $50,000, it is a class C felony with up to 15 years in prison with a minimum of one year and fines. If the property was worth more than $1 million, it is a class B felony with up to 25 years in prison and a minimum of one year to one-third of the maximum.

Since these crimes are so serious with such significant long-term consequences, it is wise to understand the defenses that might be effective against allegations of larceny. Before thinking about what kind of defense to use, the first step is to speak to a legal professional who has experience in a wide array of criminal defense cases. That will begin the process toward dealing with the charges.

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