Orange County NY Larceny Attorney
As a quick definition, larceny is basically a term referring to theft. Like most counties in New York, Orange County upholds strict larceny laws and will punish any convicted offenders accordingly. However, it is important to note that there are many misconceptions regarding larceny, and if you’re charged with this crime, understanding the scope of NY larceny laws is the best tool you have to confront this anxiety-inducing situation.
Due to the possibility of a misdemeanor (or even a felony, depending on the circumstances surrounding the alleged offense), and the lifelong consequences associated with a theft charge, it is essential to fight these charges with the aid of an Orange County NY larceny attorney.
Definition of Larceny in New York
According to N.Y. Penal Law § 155.05, the crime of larceny occurs when occurs when a person “wrongfully takes, obtains or withholds” property from its rightful owner, with the intent to deprive the owner of such property. Likewise, the law further defines this law by including a number of ways a person can commit larceny, such as:
- Larceny by trick or embezzlement
- Obtaining property by false pretenses
- Acquiring lost property
- Issuing a bad check, or
- Taking property by extortion
As you can see, larceny is more than leaving a store without paying for the item. In fact, you can be charged with larceny for embezzlement, auto theft, theft of services, credit card or check fraud, welfare fraud, identity theft, and many other nuances of this broad law.
Categories of Larceny Crimes in NY
Under New York law, there are five categories of larceny crimes that define its severity, ranging from petite larceny to first degree grand larceny. A major factor in this distinction is the amount of goods or services stolen. These categories and their associated punishments include:
- Theft as Petit Larceny: This is the lowest-level offense in New York. For stealing less than $1,000 in property or services, you can be charged with a class A misdemeanor punishable by no more than one year in prison.
- Theft as Grand Larceny in the Fourth Degree: For stealing more than $1,000 (or for stealing firearms, a motor vehicle, or certain types of property), you can be charged with a class E felony punishable by no more than four years incarceration.
- Theft as Grand Larceny in the Third Degree: For stealing more than $3,000 (or for stealing an ATM), you can be charged with a class D felony punishable by no more than seven years incarceration.
- Theft as Grand Larceny in the Second Degree: For stealing more than $50,000 (or obtaining certain property through extortion), you can be charged with a class C felony punishable by no more than 15 years incarceration.
- Theft as Grand Larceny in the First Degree: For stealing more than $1,000,000, you can be charged with a class B felony punishable by no more than 25 years incarceration.
For the court to convict an alleged offender, it needs to prove “intent.” For instance, forgetting to pay for an item at a store does happen quite often and is not necessary larceny. Shoving the item up your coat and sneaking out of the store, however, shows to the court that you intended on stealing the item.
Call NY Larceny Attorney Benjamin Greenwald Today
No matter the circumstances around your larceny charge, we at the Law Office of Benjamin Greenwald will fully investigate the circumstances surrounding the arrest to make sure that law enforcement did not violate your rights.
We will also provide an aggressive, no-stones-unturned representation in court, aiming for a not-guilty offense or dropped charges, or, if the evidence is truly stacked against you, a reduced or alternative sentence. For a free consultation with NY larceny attorney Benjamin Greenwald, call our law office today at (845) 567-4820.