Facing Theft, Robbery, or Larceny Charges in New York?

Seeking Immediate Counsel from a State Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Theft, Robbery, and Larceny Charges in New York

Felony robbery, grand larceny, and petit larceny are all frequently charged on the state level. Robbery comes in various different forms, and is codified by New York Penal Law § 160

  • Robbery in the third degree, a Class “D” felony, requires that a defendant use force or a threat of force to steal property.
  • Robbery in the second degree, a Class “C” felony requires that a defendant is accompanied by another co-defendant or causes physical injury while carrying out a robbery.
  • Lastly, robbery in the first degree, a Class “B” felony, requires that a defendant displays a firearm, is armed with a deadly weapon, or causes serious physical injury while carrying out the act.

On the other hand, state larceny charges, codified by New York Penal Law § 155, zero in on the value of money or property taken from another, as opposed to what if any force was used. To that end:

  • Grand larceny in the fourth degree: a Class “E” felony, requiring that the money or property unlawfully taken be in excess of $1,000. Further, theft of a car, a credit or debit card, or a general theft of property directly from the body of a person may also lead to grand larceny in the fourth-degree charge.
  • Grand larceny in the third degree: a Class “D” felony, involves property valued at over $3,000 or theft involving an automated teller machine.
  • Grand larceny in the second degree: a Class “C” felony, involves property valued at over $50,000 or theft by extortion specifically involving the threat of physical injury, property damage, or abuse of position by a public servant.
  • Petit larceny: a Class “A” misdemeanor, is theft of property valued at less than $1,000 and not included in the definition of grand larceny. Shoplifting or theft by a retail store employee is commonly charged as petit larceny.

On the federal level, Hobbs Act Robbery, pursuant to 18 U.S. Code § 1951, prohibits robbery or extortion, or attempted robbery or extortion that affects interstate or foreign commerce. Hence, where a robbery or larceny pertains to money that has been transported across state lines or is related to interstate commerce (i.e., racetracks and casinos), there is a very realistic possibility that the FBI will become involved and the case will be prosecuted federally.

Possible Sentencing & Penalties in New York

Robberies, larcenies, and thefts carry a wide array of sentencing options. These variations depend on a host of issues. For example, was the victim elderly, was the amount taken in excess of $50,000, was physical force used, or was a weapon displayed. 

As it pertains to grand larceny, your sentence could include jail, prison, a fine, restitution, probation, or a combination of any of these punishments. The most serious grand larceny offense is grand larceny in the first degree. N.Y. Pen. Law § 155.42. The possible sentence is up to 25 years in prison. Grand larceny in the first degree is also different from other grand larceny offenses in that there is a minimum sentence for first time offenders and non-predicate felons. The minimum sentence for such offenses is 1-3 years. Predicate offenders will be sentenced to a minimum of 4.5-9 years in prison.

The least serious grand larceny charge is grand larceny in the fourth degree. N.Y. Pen. Law § 155.30. Grand larceny in the fourth degree is a class E felony. While there is no mandatory prison sentence for a grand larceny in the fourth degree conviction, you may be sentenced to prison for up to four years pursuant to N.Y. Pen. Law § 70.00

As it pertains to robberies, robbery in the Third Degree is a D felony and is punishable by up to seven years in jail. On the other hand, robbery in the Second Degree is a C felony and is punishable by up to 15 years in jail. In its most serious form, robbery in the First Degree is a class D felony and is punishable by up to 25 years in jail.

How We Fight Theft, Robbery, and Larceny Charges in New York

When it comes to larceny, certain tactics should be employed almost immediately. These include but are not limited to conducting an independent, forensic accounting, subpoenas being sent to banks, and potentially paying early restitution to avoid criminal charges.

With robberies and thefts, it is crucial that your defense attorney subpoena for video, gather witness affidavits, and counter-investigate to determine what if any inconsistencies exist with a witness’s narrative.

Your Defense Begins Now

If you are accused of committing a state level robbery or larceny, or a federal level Hobbs Act robbery, it is imperative that you hire a former prosecutor and seasoned criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The penalties for these crimes are serious, calling for long prison sentences and hefty fines. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these serious accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome and to find an experienced criminal defense attorney we at The Law Offices of Jason Goldman can help.

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