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Grand Larceny by Extortion Lawyers
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.