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Grand Larceny by Embezzlement in New York
In New York, grand larceny is described as unlawfully taking property valued at more than $1,000 from a person or company with consent. Grand larceny also includes taking that property without the intent of returning it to the true owner. Grand larceny is separated into categories according to the value of the property or goods allegedly taken.
The state can charge you with grand larceny based on the facts of the case. However, New York can charge you with grand larceny and embezzlement according to the value of the property. If you are charged with grand larceny embezzlement, contact a lawyer immediately for legal representation.
What is Embezzlement?
Embezzlement is defined according to penal law PEN 155.05. It is defined as larceny committed by a person who is entrusted to hold onto property on behalf of the rightful owner. The rightful owner is often a client or employer. The property includes:
Money
Computer data
Computer program
Real property
Personal property
Evidence of contract or debt
Goods
Anything of value
For prosecutors to prove your guilt, they must prove grand larceny and embezzlement. Thus, they must show that you unlawfully took property valued at more than $1,000 from the alleged victim. Also, they must show that you did this without permission and with the intent to permanently deprive.
To prove embezzlement, they must show that you and the victim had a fiduciary relationship. Next, they must show you used that relationship to gain access to the victim's property. Prosecutors also must prove you took the property without the victim's permission.
Embezzlement Charge by Value
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The state separates grand larceny by embezzlement charges into categories. The categories are based on the value of the property allegedly taken. Embezzlement of property classes are:
Class E felony: Property valued at $1,000 to $3,00 is a fourth-degree felony.
Class D felony: Property valued at $3,00 to $50,00 is a third-degree felony.
Class C felony: Property valued at $50,000 to $1 million is a second-degree felony.
Class B felony: Property valued at more than $1 million is a first-degree felony.
Punishment for Grand Larceny Embezzlement in New York
Since the embezzlement is considered grand larceny, the punishment is prison time. The number of years in state prison depend on the value of the property allegedly taken. According to state criminal law, the grand larceny embezzlement punishment is:
Class E grand larceny embezzlement is four years in state prison.
Class D grand larceny embezzlement is seven years in state prison.
Class C grand larceny embezzlement is 15 years in state prison.
Class B grand larceny embezzlement is 25 years in state prison.
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New York set a mandatory minimum prison term for grand larceny of one year in state prison. This means that if your loved one was accused and convicted of Class E grand larceny embezzlement, then they will spend at least one year in state prison. However, they could be sentenced to as long as four years in state prison.
In addition to the prison time, the judge ay order restitution and fines. Restitution means paying the alleged victim back their money. If order to pay fines, those fines would be paid to the court. In New York, fines are generally twice the value of the embezzled property.
Building Your Defense in Your Grand Larceny Embezzlement Case
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It's time to fight your grand larceny embezzlement charge. Sometimes a simple clerical error makes it look like you or your loved one embezzled money when that's not the facts. Contact us immediately to start working on your case.
Remember, you have a lot of defenses available to you to prove your innocence, get the charge dismissed or reduced. For example, you may use the defense of a claim of right. This means that you were the rightful owner and obtained the property in good faith.
Another defense is that you had an alibi at the time the property was embezzled. You can also use the defense strategy of attacking prosecutors' claim that you embezzled property. You can show that you had no intent to take property or that you had the intent to give the property back.
Contact our law offices immediately. We're ready to start working on your embezzlement case and help you move forward with your life.
Don't deal with Grand Larceny by Embezzlement & Value alone. Speak to the Spodek Law Group today.
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