The Many Forms of Theft in New York Criminal Law

How Theft Crimes Are Committed

Theft can be committed in a variety of different ways. You might steal someone's property from their car or their home, steal property using the internet as a facilitator, or steal property directly from a person. Stealing directly from an individual is commonly called pickpocketing.

Severe Penalties for Pickpocketing Under NY Penal Code

While this might seem minor, New York's penal code has harsh penalties for pickpocketing. Pickpocketing is actually a form of grand larceny, regardless of the value of the items that were stolen.

Why Pickpocketing Is Always a Felony in New York

Automatic Felony Classification for Theft from the Person

All grand larceny convictions are felonies. Usually, the value of the property stolen is what determines whether a charge of grand larceny or petit larceny is brought against the defendant. But in cases of pickpocketing, the charge is automatically upped to grand larceny.

Critical Need for Legal Representation

If you've been charged with pickpocketing, it's essential for you to contact a defense attorney in New York before you speak to the police. Spodek Law Group has experienced criminal attorneys who can help.

Understanding Larceny Definitions Under New York Law

The Legal Elements of Larceny Crimes

Larceny refers to thefts that involve the removal of property from its rightful owner with intention of depriving the owner permanently of that property. "Property" doesn't have to be money - it can refer to nearly anything that has monetary value, including jewelry, technology, and documents.

Petit Larceny vs. Grand Larceny Distinctions

New York outlines two main types of larcency: petit larceny and grand larceny. Petit larceny is a misdemeanor and usually applies to crimes in which the stolen property had a total value of less than $1,000. But grand larceny is a felony.

Grand Larceny from the Person: Automatic Felony Charges

The Direct Contact Exception Under NY Penal Law 155.30(5)

If you take property from an individual, and the property is valued at $25, but you stole it directly from their person, you will face a felony charge rather than a misdemeanor charge. This is because of how direct the contact with the victim is. This level of contact increases the potential for injury or violence, even if none occur at the time of the theft.

Class E Felony Penalties and Sentencing

Grand larceny from the person is a Class E felony, which means that you might be sentenced to up to four years in prison. It's also possible that a judge will only sentence you to probation; it will all depend on the facts of the case.

When Higher Felony Charges Apply

The exception to this rule is when the property you stole is worth more than $3,000. In these cases, you would be charged with either a Class D, Class C, or Class B felony.

Fourth Degree Grand Larceny: Beyond Traditional Pickpocketing

Expanded Definition of Theft from the Person

Fourth degree grand larceny doesn't refer just to pickpocketing in the traditional sense of removing items from the person's pocket. Its definition encompasses all theft where you stole the property from another individual. Snatching a backpack, purse, or briefcase is also considered theft from the person, even if you didn't lift anything out of their pockets.

Different Degrees of Grand Larceny Based on Property Value

Third Degree Grand Larceny (Class D Felony)

Third degree grand larceny will be the charge if the stolen property has a value between $3,000 and $50,000.

Second Degree Grand Larceny (Class C Felony)

Second degree grand larceny refers to crimes where the property value is between $50,000 and $1,000,000.

First Degree Grand Larceny (Class B Felony)

First degree grand larceny, the most severe form of grand larceny, involves thefts of more than one million dollars in property.

Additional Criminal Charges That May Accompany Pickpocketing

Assault and Other Related Offenses

It's also possible that you will face other criminal charges when you're charged with fourth degree grand larceny. Because you stole the item from the person, you might find yourself faced with an assault charge of some kind.

Understanding Your Charges at Arraignment

You'll find out what charges have been leveled against you at the arraignment following the arrest. It's important to have your attorney at the arraignment, as they will be able to understand the charges and discuss your options with you.

Plea Bargaining and Alternative Sentencing Options

Sometimes there are rehabilitative options that can make it easier to get a light conviction. You might be able to make a plea deal with the prosecution to plead guilty to lesser charges.