Larceny and Theft Offenses
Larceny and Theft Offenses – Article 155 of the New York Penal Law
People have often asked me to define the offense of “larceny."
What is “Larceny?”
Larceny is just another name for stealing. If you steal property from a store (shoplift), that’s larceny. If you pickpocket someone and take their wallet, that’s larceny. If you use a stolen credit card, that’s larceny. If you legitimately come into possession of someone’s property (find it) but then don’t give it back to its rightful owner, or if you don’t even take any reasonable steps to return the property, that’s larceny. If you commit fraud and steal a million dollars in money, or real estate, or property of any kind, that’s also larceny.
Different degrees of larceny are defined by what was stolen, or the value of the property that was stolen.
“Larceny” is defined in Section 155.05 of the New York Penal Law. That section basically says that larceny is the wrongful taking or withholding of the property of another by any means, including by trick, embezzlement, false promises, misrepresentation, or a host of other methods. As I said above, larceny is basically just stealing or wrongfully withholding the property of another.
People ask me if robbery is larceny. Well, the answer is yes, but robbery is a little different. Robbery is stealing the property of another while using force or the threat of force or violence to complete the theft. All robberies are also larcenies, but not all larcenies are robberies.
Tom Tormey is a lawyer with extensive experience representing people accused of many different types of larceny and has had great success in doing the same. Tom Tormey has represented people accused of stealing something as small as a set of screwdrivers from Home Depot (Shoplift) all the way up to a person accused of running an international fraud that resulted in the theft of over $12 million dollars from five different people. He has represented people accused of larceny by fraud, trick, deceit, misrepresentation, or just plain stealing and he has successfully represented these people in the state and federal courts.
Is a Conviction for Larceny Serious?
Any conviction of larceny, no matter what degree, is serious, and all degrees of larceny carry with them the possibility of jail time. But even if this is your first offense and the chances that you will receive jail time are minimal, it is important to remember that a conviction for larceny carries with it other unwritten, associated penalties.
What does that mean? Since larceny is considered a crime of intentional theft, it is considered a crime of moral turpitude. The word “turpitude” comes from the Latin word “turpis” meaning “vile” or “base.” A crime “involving ‘moral turpitude’ involves conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.” See, Marmolejo-Campos v. Holder, 558 F.3d 903 at 909 (9th Cir. 2009). That means that courts, including immigration courts, consider it an act that is not only wrong, but is immoral, corrupt, or depraved and a conviction for any level of larceny may have a serious impact on your ability to obtain a job or even on your immigration status, if you are an immigrant seeking to stay in the United States. In addition, very few employers will hire someone, much less trust someone, who has been convicted of stealing, no matter how small the theft may have been.
The Different Degrees of Larceny
The different degrees of larceny are defined by what or how much the person steals. Petit Larceny, the lowest level of larceny, is defined by Section 155.25 of the Penal Law. While it is the lowest level of larceny, it is still a crime. It is a Class A misdemeanor for which the maximum penalties are one year in jail, a thousand-dollar fine, or up to two, three, or more years of probation. A person commits Petit Larceny when they steal property. It doesn’t matter what the value of the property is that was stolen. The theft could have been a simple shop-lift of a pack of gum or a loaf of bread like. The value doesn’t matter. It is still a crime and it can have serious consequences in your life or with respect to your job.
Grand Larceny
After Petit Larceny there is Grand Larceny. There are four degrees of Grand Larceny, Grand Larceny; First, Second Third and Fourth Degree. Grand Larceny is a felony.
Grand Larceny in the Fourth Degree
The lowest level of felony larceny is Grand Larceny in the Fourth Degree and it is a class E felony, which means it carries with it a maximum prison sentence of four years in state prison. Grand Larceny in the Fourth Degree, Penal Law Section 155.30 is charged if the property that is taken exceeds one thousand dollars in value. Grand Larceny in the Fourth Degree can also be committed if the property that is stolen consists of certain items, such as a credit or debit card, or secret scientific material, or if the property is physically taken from the person of another, such as when a person is pickpocketed. Larceny in the Fourth Degree can also be committed if the property is obtained by extortion. There are many ways to commit the crime of Grand Larceny in the Fourth Degree and they are all listed in Section 155.30.
Grand Larceny in the Third Degree
Grand Larceny in the Third Degree is defined by Section 155.35 of the Penal Law. This crime occurs when the value of the property that is stolen exceeds $3,000 or is an automated teller machine or the contents of an automated teller machine. Grand Larceny in the Third Degree is a Class D felony and carries with it a maximum sentence of seven years in state prison.
Grand Larceny in the Second Degree
Grand Larceny in the Second Degree is defined by Section 155.40 of the New York Penal Law. This crime occurs when the value of the property that is stolen exceeds, $50,000 or if the property is obtained by extortion. Grand Larceny in the Second Degree is a C felony and it carries with it a maximum sentence of 15 years in state prison.
Grand Larceny in the First Degree
Grand Larceny in the First Degree is defined by Section 155.42 of the New York Penal Law. This level of Grand Larceny is charged when the value of the property that is stolen exceeds one million dollars. Grand Larceny in the First Degree is a Class B felony and it carries with it a maximum sentence of 25 years in state prison.
Aggravated Grand Larceny of an Automated Teller Machine
Aggravated Grand Larceny of an Automated Teller Machine is charged when the person commits the crime of Grand Larceny in the Third Degree, Penal Law Section 155.35, and the person has been previously convicted of Grand Larceny in the Third Degree within the previous five years. Aggravated Grand Larceny of an Automated Teller Machine is a Class C felony and carries with a maximum sentence of 15 years in state prison.
Other Factors
As with many crimes in the New York Penal Law, there are exceptions and enhancements depending on any number of factors. With respect to the charges of larceny, theft of different types of property are treated more seriously irrespective of their value. For instance, if a person steals an automobile that has a value of more than $100, that is the felony of Grand Larceny in the Fourth Degree. See, Section 155.30 of the New York Penal Law. As was mentioned above, it is a felony to steal credit cards or scientific material, but it is also a felony to steal public records or instruments, firearms, rifles and shotguns, religious vestments or other religious objects, any device with the intent of obtaining telephone service. It is even a felony to steal any quantity of anhydrous ammonia or liquified ammonia gas if it is to be used to manufacture methamphetamine.
Conclusion
In New York State, all theft offenses are treated seriously. That doesn’t mean that your situation is hopeless. For example, if the crime is for a simple shoplift, there is a good chance, if this is your first offense, that you can avoid any type of criminal conviction by attending a special program sponsored by the court system. Of course, such a resolution may not be available to you if you have a prior record or if the value of the items stolen would make the case a felony.
In any event, if you or a loved one are arrested for larceny, it is extremely important that you retain an experienced criminal attorney as soon as possible. In many cases there may be any number of defenses available to the person charged and it is important that the attorney representing them begins to work on the case immediately. It is also important for the attorney representing anyone charged with a theft offense to demonstrate to the District Attorney’s Office that the person arrested and charged should be given special consideration, based on their background and their history, so that they may be offered a disposition to something other than a crime of theft. This could prove very helpful to the person’s personal or work life.
Tom Tormey has extensive experience in representing people charged with theft offenses and has obtained exceptional results for those arrested, even in the case where the person was charged with stealing $12 million dollars. Call Tom Tormey today to discuss how he has helped others charged with larceny cases. Call him to discuss your case. The call is free, but the advice is priceless. Call now.
©Thomas A. Tormey, Jr. – August 18, 2020
