New York Felony Larceny Frequently Asked Questions

New York Felony Larceny Frequently Asked Questions

Being charged with felony larceny in New York can be scary. You probably have a lot of questions about what it means and what could happen. This article will try to answer some of the most common questions people have when facing felony larceny charges in New York.

What is felony larceny in New York?

Larceny is the legal term for theft. In New York, it becomes a felony when the value of the stolen property exceeds $1,000 [1]. So felony larceny is basically theft of property worth more than $1,000. Some examples of felony larceny are:

• Stealing jewelry, electronics, or other valuables worth more than $1,000
• Stealing money or financial instruments like stocks or bonds worth over $1,000
• Stealing a vehicle

Grand larceny refers to the most serious forms of felony larceny in New York. There are several degrees of grand larceny depending on the value of the stolen property [5]:

• 4th degree – property value between $1,000-$3,000
• 3rd degree – property value between $3,000-$50,000
• 2nd degree – property value between $50,000-$1 million
• 1st degree – property value over $1 million

So in summary, felony larceny is theft of property over $1,000 in value. Grand larceny refers to the more serious forms based on higher property values.

What are the penalties for felony larceny in New York?

The penalties you face for felony larceny depend on the degree of the crime you are convicted of [5]:

• 4th degree grand larceny – up to 4 years in prison
• 3rd degree grand larceny – up to 7 years in prison
• 2nd degree grand larceny – up to 15 years in prison
• 1st degree grand larceny – up to 25 years in prison

In addition to potential prison time, you may also face fines up to double the amount of the stolen property value. And a felony conviction stays on your permanent record, impacting things like employment, housing, and more.

However, for first time offenders or those with minimal criminal history, alternatives like probation or restitution may be possible instead of prison time. An experienced larceny defense lawyer can argue for mitigating circumstances in your case [3].

What are some common defenses against felony larceny charges?

There are several legal defenses that a knowledgeable larceny attorney may use to fight the charges against you [6]:

• You didn’t intend to permanently deprive the owner – If you intended to return the property or believed you had permission to borrow it, you may not have intended theft.
• The property’s value is under $1,000 – The prosecution must prove the property exceeded $1,000 in value to sustain a felony charge.
• You have a claim of right – If you had a lawful interest in the property taken, like shared household assets, you may have a valid claim.
• Mistaken identity – If the prosecution cannot reliably identify you as the perpetrator, the charges can potentially get dismissed.

An experienced criminal defense lawyer will thoroughly examine the evidence and circumstances of your case to build the strongest defense.

What should I do if I’m being investigated for felony larceny?

Here are some important steps to take if you believe you are being investigated for felony larceny in New York:

1. Do NOT speak to police without an attorney present. Anything you say can be used against you.
2. Hire a criminal defense lawyer as early in the process as possible. An attorney can intervene even at the investigation stage.
3. Follow your lawyer’s advice about whether to participate in police line-ups, questioning, etc. Your lawyer is there to protect your rights.
4. Begin gathering evidence for your defense, like receipts, contracts, communications with the alleged victim, etc.
5. Avoid social media posts about the case and limit discussions with anyone except your lawyer.

The most important thing is getting experienced legal counsel on your side immediately. A knowledgeable larceny lawyer can often resolve cases favorably early on, or build the strongest defense possible if charges are filed.

What are the chances my felony larceny charges get reduced or dismissed?

Every larceny case is unique, so there are no guarantees. But an experienced criminal defense attorney will analyze the specifics of your case to determine options. Some possibilities include [2]:

• Getting felony charges reduced to misdemeanor petit larceny
• Arguing to dismiss the case based on illegal search, lack of evidence, or other grounds
• Negotiating a plea deal to lesser charges like trespassing that have less serious penalties
• Getting charges dismissed after completing a diversion program or probation

While every case is different, an aggressive defense can many times achieve a favorable outcome short of a felony conviction and prison time.

Can I go to jail for felony larceny while my case is pending?

It is possible to be jailed while your felony larceny case is pending. Some factors that may lead to pretrial detention include [4]:

• Prior felony convictions
• Violating parole or probation terms
• Deemed an ongoing threat to public safety
• Considered a high flight risk

However, for many first-time offenders, a knowledgeable lawyer can often successfully argue for pretrial release on your own recognizance or on bail. The lawyer’s familiarity with the local courts can be invaluable in this process.

Will a felony larceny conviction affect my immigration status?

Yes, a felony larceny conviction can negatively impact your immigration status. Under U.S. immigration law, crimes involving “moral turpitude” like larceny may make you deportable if you are a legal permanent resident. And such convictions can bar you from becoming a U.S. citizen.

That’s why it is critical to retain an attorney experienced in both criminal defense and immigration law if you are not a U.S. citizen facing larceny charges. Aggressive defense tactics may not only avoid a felony conviction, but also avoid devastating immigration consequences.

Can I own a gun if I have a felony larceny conviction?

No, a felony larceny conviction will prohibit you from legally owning a gun under both New York state law and federal law. A felony conviction of any kind results in a lifetime ban on firearm possession, transportation, and purchasing.

There is a possibility in some cases to petition for restoration of gun ownership rights after a period of time. But this depends on the specifics of the conviction and requires navigating a complex bureaucratic process. So for all practical purposes, a felony larceny conviction means you cannot legally own guns.

What happens if I violate probation after a felony larceny conviction?

If you are convicted of felony larceny and sentenced to probation, violating any conditions of your probation can result in serious consequences. These may include additional charges, extensions of your probation term, or resentencing to jail or prison time.

Some common probation violations include:

• Failing drug or alcohol tests
• Failure to report to your probation officer
• Leaving your designated area without permission
• Associating with known criminals
• Being arrested for a new offense

The penalties for violating probation tend to escalate with each additional violation. That’s why strict compliance with all probation terms is extremely important. Your probation officer also has wide discretion to seek revocation for minor violations.

What happens if I miss a court date for my felony larceny case?

Missing a scheduled court date for your felony larceny case can have serious consequences. The judge may issue a bench warrant for your arrest, meaning police will detain you when found and bring you before the court .

If you miss a court date, it’s important to have your lawyer contact the court immediately to explain the reason and try to avoid a warrant. Reasons like medical emergencies, military service, or not receiving a notice to appear may convince the judge not to issue a warrant.

But if a warrant is issued, you will likely be jailed when apprehended and may be unable to secure pretrial release. Missed court dates also negatively impact your case, so avoiding warrants is crucial.

Can I get my felony larceny record expunged in New York?

Getting felony convictions expunged (permanently erased) in New York is very limited. However, you may be able to get a larceny conviction sealed under the state’s sealing laws if:

• It was your only felony conviction
• You have had no further convictions for 10+ years
• You have completed all sentencing terms

Sealing does not destroy the records, but it hides them from most background checks. Sealing is also not automatic – you must petition the court. An attorney can advise you on the complex sealing process and represent you in pursuing it.

What are some tips for finding the best lawyer for a felony larceny case?

• Look for a lawyer who specializes in criminal defense, specifically theft crimes. They will have the most relevant experience.
• Find a lawyer who is familiar with larceny laws and courts in your specific county or jurisdiction. Local knowledge is invaluable.
• Choose a lawyer with a track record of positive results in felony larceny cases. Ask about their success negotiating reductions or dismissals.
• Meet with potential lawyers for a free initial consultation. Pay attention to how well they listen and explain things to you.
• Consider lawyers recommended by trusted friends, family, or other lawyers. Personal recommendations can help find quality counsel.
• Check credentials like years of experience, education, special certifications, and bar association memberships.
• Look for a lawyer who is aggressive in fighting for their clients yet cool under pressure.
• Avoid lawyers who guarantee specific outcomes or overpromise unlikely results.
• Compare fee structures – flat rate, hourly, or contingent fees based on case outcome.
• Make sure you feel comfortable and confident in the lawyer’s skills and approach.

Finding the right lawyer can make a huge difference in the outcome of a felony larceny case. Do thorough research and ask lots of questions at initial consultations to make the best choice.