24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Grand Larceny Criminal Lawyers

March 21, 2024 Uncategorized

[sc_fs_multi_faq headline-0=”h2″ question-0=”Grand Larceny Credit Card” answer-0=”In New York, you can be charged with one of two types or larceny crimes when stealing from a person: robbery and larceny from a person. Larceny is the unlawful and intentional taking of property belonging to another person with the intent to keep it. To “keep” the property means to permanently deprive the person of the item by selling, giving or keeping the property. The definition of robbery is larceny done with intimidation, threat, force or violence. It means that you or your loved one is accused of causing or threatening the victim physical harm to obtain the stolen property. This act can range from grabbing a purse or punching them to get their money. It’s a different crime from larceny from a person. What is larceny from a Person in New York? Larceny from a person is commonly called the “pickpocket statute” because the larceny is committing by taking the property from the person’s body. It sounds complicated, but it’s not. For example, larceny from a person means that you are accused for taking their wallet from their pocket or taking some of value they are holding in their hand. You are not accused of using threats, force, intimidation or violence to get the property. Grand Larceny from a Person is a Serious Charge Grand larceny denotes is more serious than a larceny charge because the stolen property has more value. In New York, larceny charges are separated into groups according to the property value. This means that you are charged with grand larceny when the dollar amount of the property is valued higher than $1,000 or more. For example, you can be accused of pickpocketing a wallet which cost $10 and be charged with grand larceny because the person had $3,000 in that wallet. Prosecutors Must Prove You Committed Larceny from a Person An arrest is merely an arrest. It doesn’t involve proving your guilt or innocence. Prosecutors must prove your guilt beyond all reasonable doubt when by using the PENN statute 155.00. To try to prove guilty, prosecutors need elements that make up the statute’s definition and evidence. The elements of grand larceny from a person include: • You took property • That property was taken from the person. This means you aren’t accused of any other form of theft such as embezzlement or robbery. • You didn’t intend to return the property to the owner. This means you were going to permanently deprive the owner of the property. This could also mean that you exercise control over the property for an extend time and deprived the owner of the benefit of using it. • The value of the property taken is more than $1,000. Punishment for Grand Larceny from a Person in New York Punishment for this crime depends on the amount of the stolen property. For example, a Class E felony is up to four years in prison. The minimum is one year. The property must be valued at more than $1,000, but less than $3,000. If the stolen property is value from $3,000 to $50,000, it is a Class D felony. You may be sentenced to at least seven years in prison. The minimum sentence is one year. The punishment for a Class C larceny from a person is at a minimum of one year in prison. The maximum sentence is 15 years in prison. The property value in a Class C larceny from a person is from $50,000 to $1 million. The harshest sentence is if the property’s value is at more the $1 million. This is a Class B felony. The minimum prison sentence is one year. The maximum prison sentence is up to 25 years. We are Your New York Law Firm to Represent You in Your Larceny Charge Grand larceny is a serious charge because you are facing prison time. If you have a prior felony charge within a 10-year period, the minimum time in prison increases six months. Thus, if convicted you’ll send one and one half years in prison. It’s time to have a smart, experienced legal team on your side. Contact us immediately to defend you against this serious charge. We’re ready to prove your innocence. Don’t deal with Grand Larceny From the Person alone. Speak to the Spodek Law Group today. Section of New York’s criminal law PEN 155.00 makes it unlawful to take property belonging to someone else. The general definition of larceny is the trespassory taking of property belonging to another without their permission and intent to permanently deprive. Property refers to anything that has value. It may be money, personal property, item or real property. To take does not mean to use violent means to obtain property. You can be accused of larceny from a person if you simply take property from a person’s wallet or purse. It can also include, but is not limited to transferring property that has legal interest like a motor vehicle. The term “without permission” means you are accused of taking the property without the property owner allowing you to do so. The last part of the definition, “to permanently deprive” means you have no intention of giving the property back to the owner. It does not mean you intend to keep it. You can be accused of giving the property to a friend or selling it. You can be accused of taking property the owner has no way of giving back. New York’s Larceny criminal Charges Vary from a Misdemeanor to Felony Although the definition of larceny may sound simple, it is complicated. The state separates the criminal act into several degrees. The degrees denote the value of the property and the penalty a conviction carries. Larceny degrees include, but are not limited to: • Aggravated grand larceny of an Automatic Teller Machine (ATM). This is a Class C Felony. • Grand larceny in the first degree. This is a Class B felony. This charge includes property stolen valued at $ 1 million or more. • Grand larceny in the second degree. This is a Class C felony. This charge includes property valued at $50,000 or more. • Grand larceny in the third degree. This is a Class D felony. This include property stolen that is valued at $3,000 or more. • Grand larceny in the fourth degree. This is a Class E felony. This includes property stolen of $1,000 or more. It also includes theft by extortion and religious artifacts. • Petit Larceny. This is a misdemeanor charge. This includes property that is value less than $1,000. The criminal penalty for a misdemeanor larceny from a person charge is typically months in county jail and fines. A felony conviction of larceny from a person ranges from one to 25 years of prison time and fines. Defenses to Larceny from a Person in New York Remember, if you or a loved one is accused of larceny from a person, it is only an accusation. You have not been found guilty of the criminal charge. A lot must happen before any sentencing. From the time of your arrest to the time of trial you have options to avoid the criminal penalties associated with a New York larceny charge and prove your innocence. Some common defenses to a larceny charge includes attacking the elements of a larceny charge. The elements of larceny involve: • Taking property belonging to another • Taking property without permission • Intending to permanently deprive the owner of their property For instance, you can claim you had no intent to permanently deprive the owner of their property as a legal defense. This eliminates one element a prosecutor needs to prove you guilty of larceny. Another way to attack the elements is to tell the court you had consent from the owner. If you can prove you had consent, this negates the larceny charge. You cannot take property the owner allows you to take. Another criminal defense to larceny includes belief the property was yours. Mistake is rarely a legal defense, but if you honestly believed it was your property, you had no intent to commit a crime. It must be a good-faith belief. Entrapment is another common defense. You claim that you were led to commit the crime you would not have normally committed. A lot of times this is used when a police officer allegedly convinces you take property that is not yours. Hire a New York Larceny from a Person Attorney Immediately Whether you or a loved one has been arrested or you believe you will accused of larceny, contact an attorney immediately. Some of the common defenses used are just some of the larceny defenses used. Depending on the facts and circumstances of your case, you have a strong defense available to you. You also need a legal team you to represent you. We can negotiate a plea deal or get the case against you dropped. During that time, we will prepare a criminal case that proves your innocence at trial. You need a legal team ready to prove your innocence. You have plenty of options to a legal defense. Start building a tough defense with the right legal team.” image-0=”” headline-1=”h2″ question-1=”Grand Larceny by Extortion Lawyers” answer-1=”In many states extortion and larceny are separate crimes. Extortion involves coercion. The general definition of extortion is the act of taking money, services or property from the rightful owner by use of force, violence or threats. The general definition for larceny is the intentional act of taking property from the rightful owner without permission. In addition of taking the property, the person accused of the crime has no intention of giving the property back to the owner. In New York, the two crimes can be combined to create a type of theft crime. The crime is called larceny by extortion. If you are accused of larceny by extortion, contact a criminal lawyer immediately for assistance fighting the charge. What is Larceny by Extortion? Larceny by extortion is using force, threats or violence to take property from an owner without permission and with the intent to deprive them of the property. This means that you are accused of using threats, intimidation or violence to obtain property from someone and keep it. You wouldn’t have received the property if you hadn’t used some time of coercion. You were Charged with Grand Larceny by Extortion All larceny charges are based on the dollar value of the stolen property. This means that you could be charged with a misdemeanor or felony depending on the cost of the property allegedly taken. Grand larceny by extortion is a felony. Grand larceny by extortion is a felony charge. It is defined as using coercion to take property valued at more than $1,000 without the intention of returning it to the owner. The coercion is force, threat of violence or actual violence. Grand Larceny by Extortion is Separated into Classes Grand larceny by extortion is further separated into classes. These classes are classified by the dollar value of the alleged stolen property. The are four grand larceny by extortion classes: • Class E involves taking property valued from $1,000 to $3,000. • Class D involves taking property valued from $3,000 to $50,000. • Class C involves taking property valued from $50,000 to $1 million. • Class B involves taking property valued at more than $1 million. For example, you allegedly threaten a victim to give you $3,000 or you’d tell of their affair. You would be charged with Class D grand larceny by extortion. Your penalty for a Class D felony would be different than if you were accused of any other type of larceny by extortion charge. Punishment for Grand Larceny by Extortion Whether regardless of the type of grand larceny by extortion charge you face, the punishment is serious. This means that you are facing years in prison. However, that is only if you are convicted of the crime. A grand larceny by extortion depends on the class you were charged with committing. If you allegedly took property valued at more than $1,000, but less than $3,000, then your punishment is four years in prison. If you are charged with a Class D felony, you face seven years in state prison. The number of years in prison increases with the value of the property. For example, a Class felony that involved taking property valued at $50,000 has a punishment of 15 years in prison. You face 25 years in prison if you are convicted of grand larceny by extortion of more than $1 million. Any larceny by extortion sentence may include fines and restitution. Restitution is paid to the alleged victim of the extortion. Fines are paid to the court and can be in excess of the amount stolen. Please be aware that any prior felonies will play a part in your sentencing. If you’ve had a prior felony in the last 10-year period, you face a minimum prison sentence. This minimum prison sentence is one and one half years in prison. You have the Right to Defend Yourself in Your Larceny by Extortion Case Larceny by extortion is a serious charge that requires a strong legal team. You can’t hope for the best and believe prosecutors will understand that you’re innocent. You must hire a legal team who is experienced at building a tough defense and negotiating with prosecutors to get the charge reduced or dismissed. Contact us today. Don’t deal with Grand Larceny by Extortion Lawyers alone. Speak to the Spodek Law Group today. Grand larceny by extortion is listed under New York Penal Law 155.05(2)(e). Not only does grand larceny by extortion fall into the category of general grand larceny offenses, which is allocated based on the funds illegally taken or the value of the property, it also has a specific subsection under New York laws. Grand larceny by extortion in the fourth degree is considered a Class E felony, and an individual charged with this offense can face a four year prison sentence. A grand larceny in the fourth degree is considered the least severe of grand larceny charges. Grand larceny in the second degree, which is a Class C felony pursuant to New York Penal Law 155.40(2), can result in a prison sentence up to 15 years if an individual is found guilty of this offense. Due to the wide range of statutes and offense levels that are associated with grand larceny by extortion, an individual facing criminal charges will need to consult with an experienced defense attorney. According to the New York Penal Code, extortion is a variation of larceny. New York law defines larceny as an individual wrongfully obtaining, taking, or withholding property that is owned by another individual. Those stealing the property of another can do so in many ways, which may include extortion. According to New York Penal Law 155.30, extortion, which is also known as blackmail, occurs when an individual forces another individual to give up his or her property through fear. With this type of theft, the offense is thought to be so severe that is falls into the category of grand larceny. If an individual is convicted of this type of offense, he or she could face a harsh prison sentence, which is why those accused of grand larceny by extortion should contact a criminal defense attorney to explain all possible legal options. What are the Sentencing Guidelines for Grand Larceny by Extortion? Those who are accused of grand larceny by extortion in New York will be charged with a felony offense. Fourth Degree Grand Larceny by Extortion At a minimum, extortion will result in a fourth degree grand larceny charge, which is considered a Class E felony. In New York, a Class E felony conviction can result in a four year prison sentence. Second Degree Grand Larceny by Extortion When an individual faces a second degree grand larceny by extortion charge, he or she is accused of instilling a fear of damage to property or physical injury. Furthermore, a second degree grand larceny by extortion charge can also be applied to those who were involved in the abuse of the office of a public servant. Those convicted of grand larceny in the second degree will be charged with a Class C felony, which can result in a potential sentence of up to 15 years in a state prison. It is important to note that it is not required an individual threat or harm the same individual from whom the property was stolen from, but it is only necessary for the accused to wrongfully take the property of another due to a threat. The consequences of grand larceny by extortion are significant if an individual is found guilty of this offense. Aside from spending years in prison, an individual will also carry a criminal record for the rest of his or her life. Those accused of grand larceny by extortion should seek guidance from an experienced criminal defense attorney who understands the New York Penal Code. Defense Strategies for Those Accused of Grand Larceny by Extortion In certain circumstances, the best defense is to understand the allegations and challenge the facts of the case. An experienced criminal defense attorney can analyze the case and examine all of the evidence to find possible defenses that are accepted by New York Penal Law. New York Penal Law 155.15(2) states if there is an affirmative defense to an extortion allegation. According to this law, an individual charged with grand larceny by extortion could use a statutory defense. According to New York law, if an individual is being charged with grand larceny by extortion and acted solely to prevent another individual from being criminally charged, it is a considered a valid defense. Why Those Accused of Grand Larceny by Extortion Need an Experienced Attorney According to New York law, grand larceny by extortion includes more than what is typically thought of as property. When an individual threatens another individual for control of his or her property, which can include intangible or illegal goods, it is a valid warrant for a grand larceny by extortion conviction. A criminal defense attorney with experience handling grand larceny by extortion cases can use defense strategies to help their clients fight these charges. A grand larceny by extortion charge is complex, so a skilled attorney can help increase the chances of a successful outcome.” image-1=”” headline-2=”h2″ question-2=”Grand Larceny of a Vehicle” answer-2=”Larceny is a theft crime most people don’t consider involving motor vehicles. However, you can be charged with grand larceny of a vehicle in New York. Larceny is the crime of unlawfully taking property belonging to another individual and depriving them of it. This means that you take the property without their permission. After taking the property, you keep, sell or give it away. New York outlines larceny, including larceny of a vehicle, in the penal code Article 155. What is Larceny of a Vehicle in New York? In New York, larceny of a motor vehicle involves the unlawful taking of a motor vehicle. The unlawful taking is done without the consent of the true owner. Also, the vehicle is taken with the intent of not returning it. This is known as permanently depriving the rightful owner of their vehicle. What is Grand Larceny of a Vehicle in New York? The same legal statute applies to grand larceny of a motor vehicle. You are accused of unlawful taking of the vehicle. Also, you are accused of not returning the vehicle to its rightful owner. However, larceny crimes are prosecuted according to the dollar value of the property. This means you are charged with grand larceny because the dollar value of the vehicle is more than $1,000. The Degrees of Larceny Larceny of a vehicle is separated into various categories according to the dollar value of the vehicle. For instance, grand larceny in the fourth degree is defined as taking a vehicle valued at $1,000 to $3,000. Third-degree grand larceny of a vehicle is a taking a vehicle valued from $3,000 to $50,000. Grand larceny in the second degree is the taking of a vehicle that has a value ranging from $50,000 to $1 million. The most serious of the four charges is grand larceny in the first degree. This charge involves taking a motor vehicle valued higher than $1 million. Punishment for Grand Larceny in New York Remember that you haven’t been convicted of taking the motor vehicle. You’ve only been accused. This motor vehicle theft case has various punishments according to the value of the vehicle. Here is the break down of the criminal sentences for stealing a motor vehicle in New York: • Fourth degree grand larceny of a motor vehicle is one to four years in state prison. • Third degree grand larceny of a motor vehicle is two to seven years in state prison. • Grand larceny of a vehicle in the second degree is five to 15 years in state prison. • First degree grand larceny is up to 25 years in state prison. Only grand larceny of a vehicle in the first degree has a minimum prison sentence requirement. The least amount of time you can spend in prison is one to three years. If you are considered a predicate felon, the minimum prison time is four and one half years to nine years in prison. The maximum time in prison is 12 to 25 years in state prison. Predicate felon has more than one felony within a 10-year period. That fact is used against them at sentencing. Discuss Your Larceny of a Motor Vehicle in New York It’s a serious, scary matter when you are facing any type of auto theft crime. A larceny of a vehicle can greatly impact your life because the punishment includes possible prison time. Since the consequences of larceny of a vehicle are so devastating, don’t leave your defense to chance. Prosecutors are going to take it easy on you because you are young or don’t have a criminal record. They want a conviction. Contact us. Our law offices will protect your constitutional rights and provide you with a strong defense. The most common defenses to grand larceny of a vehicle include consent to take the vehicle, lack of intent and mistake of fact. For example, if the vehicle’s owner gave you consent to use the vehicle, you can use that as your defense. Your specific defense is based on the facts of your case. We offer a free consultation to assist you in resolving your auto theft case. Contact us immediately. Stealing a vehicle in the state of New York is a felony crime, and you could face up to four years in prison. However, if the vehicle is worth more than $1000, you would face charges of grand larceny, which would mean a prison sentence of up to fifteen years in prison. If you have been accused of grand larceny of a motor vehicle, you need to see the help of an experienced attorney. In the state of New York, larceny is defined as stealing the property of another person with the intent of depriving that person of that property. (https://criminaldefense.1800nynylaw.com/new-york-grand-larceny-sentencing-guidelines-lawyer.html) If you steal a motor vehicle that is worth a significant amount of money, you can be charged with Grand larceny, which is a more serious crime. There are four levels of grand larceny in the state of New York. If the vehicle is worth between $1000 and $3000, grand larceny in the fourth degree occurs. This is a Class E felony, which is the least serious grand larceny charge. The accused could face up to four years in prison; however, prison time is not mandatory. If the person already has a record, prison time is likely; however, if the individual is a first- time offender, probation or a shorter jail sentence could occur. Grand larceny in the 3rd degree takes place when the vehicle is worth more than $3,000. This is a Class D felony. A person could be sentenced to up to 7 years in prison; however, first-time offenders could face only probation. Second-degree grand larceny occurs if the vehicle is valued at more than $50,000, and a person could receive up to fifteen years in prison. However, probation remains an option for first-time offenders. The most serious type of grand larceny is a first-degree charge. This is rare, but it occurs if the vehicle is more than $1 million. A person could face up to 25 years in prison if convicted of first-degree grand larceny charges. Prison time of 1 year is mandatory. To convict you of grand larceny, it must be proven that you drove the vehicle or stole the vehicle and that it belonged to someone else. It must be proven that you did not intend to return the vehicle to its owner. The vehicle’s owner could have left the keys in the car, or it could have been left unlocked and hotwired. If you are accused of grand theft auto, and experienced lawyer can help defend against these charges. There are numerous defenses against grand theft auto. Your attorney could argue that you intended to return the vehicle to the owner. If you just wanted to take a fun ride in the vehicle and then planned on returning it, the charge will only be a misdemeanor. In addition, no crime took place if the owner gave permission for you to use the vehicle. You must prove that the owner gave consent on this particular instance; it does not count if consent was given previously. If a person breaks into the vehicle before he steals it, burglary charges could be added. If force, such as a weapon, is used to take the vehicle, assault or carjacking charges could occur. In these instances, additional prison time could be added. Penalties in New York for grand theft larceny range from fines, probation, or jail time. (https://www.criminaldefenselawyer.com/resources/auto-theft-laws-new-york.htm) The circumstances in which the theft took place will determine the penalty for the crime. If you have been accused of grand larceny, do not delay; call an attorney immediately. A lawyer in New York will be familiar with the laws in the state, and he will make sure to give you the best defense possible. You can receive a free consultation, and you can get the advice of an expert. Grand larceny in New York is a serious crime; therefore, if you are accused of the offense, you need to seek the help of a lawyer immediately. An attorney can give you advice and tell you how to proceed. He will establish your best defense to get you a minimal, or even no, punishment. You can then put this unfortunate instance behind you and move on with your life.” image-2=”” headline-3=”h2″ question-3=”Grand Larceny Credit Card” answer-3=”Larceny is defined as the unlawful taking of property belonging to someone else. It is done without consent of the owner and with the intent to forever deprive the owner of the property. In New York, larceny is prosecuted according to the value of the property. The state also considers different types of crime as larceny too. For example, credit or debit card theft is called larceny credit card in New York. Credit card larceny has its own separated definition and penalties. If you or your loved one is accused of credit card larceny, you need a lawyer who will explain your legal rights and guide you through the New York criminal process. You also need a lawyer who will fight to get the charge dismissed or reduced. What is Larceny Credit Card in New York? Larceny by credit card is defined according to section four in the PENN 155.30 of the New York penal code. Larceny is the stealing of a credit or debit card done without permission and with the intention to permanently deprive its owner of their card. If charged with crime, state prosecutors accusing you of stealing a credit or debit card from someone and using it without their consent and not giving it back. The charge can occur in many ways. For instance, you can be accused of taking someone backpack and stealing their credit card. You can also be charged with credit card larceny if you keep the credit card and use if after you were supposed to do so. This often happens if a relative gives you their credit card to use one time, then they accuse you of using it multiple times without their permission. Larceny by Credit Card can be a Misdemeanor or Felony New York separates crimes into classes. Thus, it separates theft crimes into categories according to the value of the property taken. This seems confusing because the actual credit or debit card doesn’t have value. The state will charge you or your loved one with a misdemeanor or felony according to what was purchased with the credit card. For example, if you allegedly purchased a service or good valued at $100, you will be charged with misdemeanor larceny by credit card. However, if the property is valued at more than $1,000, then it is a grand larceny credit card charge. Penalties of Larceny Credit Card in New York Please remember that you or your loved one has not been convicted of larceny credit card. Thus, these penalties are discussed to let you know what could happen if a conviction occurred. Punishment for a larceny by credit card conviction depends on whether the charge was a misdemeanor or felony. A person accused of misdemeanor larceny by credit card faces a sentence of one year in county jail and a $1,000 fine. Felony larceny by credit card conviction faces a Class E felony. This is four years in state prison. The punishment may include a fine. The amount of the find could be $5,000. However, it could be double the amount that was gained from the crime. This means if you are accused of charging $100,000 on the victim’s credit card, then you could be ordered to pay a $200,000 fine. If you have any prior felony convictions, you face more time in state prison. You must be convicted with a felony 10 years prior to the current charge. The minimum prison sentence is one and one half to three years in prison. This means that you could spend at least one and one half years in state prison for a larceny credit card conviction. Our Law Offices Represent People Charged with Larceny Credit Card You or your loved one is charged with larceny credit card. You’re scared and confused. You just want the charge to disappear. At our law office, we devoted to fighting your larceny credit card charge. We will guide you through the New York criminal process and take the fear and mystery out of the process. We will also build a strong defense for your case. We won’t stop there. Throughout your case, we’ll work to get the larceny credit card charged reduced or dismissed. Contact us immediately for legal representation. Don’t deal with Grand Larceny Credit Card alone. Speak to the Spodek Law Group today. Credit cards fall under the delineation of an individual’s personal property. The numbers on the cards represent an agreement strictly between the account holder and the bank honoring any financial transactions with the cards. Only the authorized account holder and those he/she gives specific approval to may use the cards to make purchases or advance funds. Persons who use a credit card without authorization would be committing a crime. Even those who do not use the credit card can be charged with a serious felony. “Merely” stealing a credit card in the state of New York may lead to charges of Credit Card Grand Larceny & Theft under Penal Law §155.30(4). Again, credit cards are someone’s personal property. Any person who steals a credit card deprives someone of possession of his or her property. This is an abbreviated definition of larceny. Credit Cards and Grand Larceny in the Fourth Degree A person may be charged with and convicted of grand larceny in the fourth degree when he/she commits any one of a number of enumerated offenses listed in the penal code. Stealing anything with a value that exceeds $1,000 would be one. Stealing property consisting of a credit card or debit card reflects another. Again, no one needs to actually make unauthorized charges on the card to be charged with fourth-degree larceny. And the charge rises above a misdemeanor. Grand larceny in the fourth degree constitutes a Class E felony. No Affirmative Decision to Steal a Credit Card Necessary Someone who breaks into a home, rummages through drawers, and steals a credit card clearly had the intent to commit larceny. The same would be true of a person who removed credit cards from a wallet. What happens if the person only wanted the money in the wallet, but happened to take the credit card inside of it? The person likely would face charges of fourth-degree larceny. A furniture thief who steals a desk worth $100 with credit cards inside the drawer could be charged with fourth-degree larceny as well since credit cards were stolen with the desk. A person does not need to make an affirmative decision to steal credit cards. If he/she has stolen something and credit cards are part of the take, the individual may be found charged with grand larceny in the fourth degree. The compounding of multiple charges probably won’t be avoidable. Anyone charged with grand larceny in the fourth degree positively should contact a criminal defense attorney without delay. Even so, the accused could run the risk of already making the matter worse for him/herself. Making a statement to the police to the effect of “I didn’t know the credit cards were in the box I stole” may be used as evidence in court. A prosecutor could very well take such a statement as an admission of guilt. The Penalties for Grand Larceny Related to Credit Cards The penalties for this offense are listed under the category of non-violent Class E felonies. All class E felonies come with a maximum possible prison sentence of up to four years. A first-time offender looks at the prospect of a 1 1/3 year prison stay. Monetary fines might be imposed as well. Specific fine amounts are $5,000 or double what the defendant was proven to have gained from the commission of the act. Hiring the best possible counsel when charged with credit card grand larceny in the fourth degree becomes imperative due to the seriousness of the charges. The narrow scope of New York law seemingly narrows the defenses. A skilled criminal defense attorney looks at all the circumstances surrounding the charges and accusations. Did someone unknowingly and accidentally hand over credit cards to a friend in, say, a folder and then accused the equally-unknowing party of credit card theft? Was the credit card falsely planted by a third party? Was the police’s search illegal? The answers to these questions factor heavily into how the hypothetical cases are defended in a court of law. Persons found guilty face sentences that take the circumstances of the case and the prior criminal history of the defendant into account. An attorney may be able to compel the court to keep the sentence as reasonable and fair as possible. In some cases, a workable plea bargain can be reached before the case even goes to trial. A plea bargain may be the best approach for some.” image-3=”” count=”4″ html=”true” css_class=””]

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now