As a New York criminal lawyer and former Manhattan prosecutor, I have handled countless crimes involving Grand Larceny in New York ranging from a couple of thousands to tens of millions of dollars. Over the past couple of years, I have successfully kept individuals out of prison, obtained reductions in cases from felonies to misdemeanors and even avoided criminal records for clients charged with and investigated or arrested for Grand Larceny. In fact, the New York criminal defense attorneys at Crotty Saland PC convinced prosecutors to drop an investigation and potential arrest of a client accused of a multi-million dollar tax fraud case. Because no case is routine and every case is unique, no lawyer can tell you that their past results will guarantee similar ones in the future (if they do, walk immediately away). However, what an experienced New York criminal lawyer should be able to do is explain the potential deals or offers that may be made should you decide working out a disposition is the appropriate defense in your case as opposed to confronting the charges head on and forcing the prosecution to prove their case beyond a reasonable doubt.
For the sake of this entry, we will assume our hypothetical client, Mr. X, is charged with Grand Larceny in the Second Degree (New York Penal Law 155.40) for stealing or embezzling property (in this case money, but it need not be) valued in excess of $50,000, but $1,000.000 or less. It is important to note that there is no mandatory minimum term of incarceration for a first time offender, but there is a potential maximum punishment of 5 to 15 years is prison. If you are a predicate felon, the mandatory minimum is 3 to 6 years in prison and the maximum is 7.5 to 15 years in prison.
Grand Larceny in the Third Degree (NY PL 155.35) & Attempted Grand Larceny in the Second Degree (NY PL 110/155.40) Both Attempted Grand Larceny in the Second Degree & Grand Larceny in the Third Degree are “D” felonies punishable by no minimum term of incarceration, but up to 2 and 1/3 to seven years in state prison for a first time offender. Individuals who are predicate felons face a minimum of 2 to 4 years and a maximum of 3 and 1/2 to 7 years in prison irrespective if the property or money is stolen by embezzlement, trick or extortion.
For background purposes relevant to understanding plea deals, whenever a crime is an “attempted crime,” the degree of the crime is knocked down a level. Therefore, such as in this scenario, Attempted Grand Larceny in the Second Degree and Grand Larceny in the Third Degree are the same. Keep in mind, however, pleading guilty to a completed crime, as opposed to an attempted crime, may be relevant to what happens to your career, certifications or licensing. Obviously, any plea must be discussed and vetted with your criminal lawyer. Grand Larceny in the Fourth Degree (NY PL 155.30) & Attempted Grand Larceny in the Third Degree (NY PL 110/155.35)
A plea to either of these charges will result in a conviction for an “E” felony punishable by up to 1 and 1/3 to 4 years in prison for a first time offender. For a predicate felon, these numbers change to a minimum of 1 and 1/2 to 3 years to a maximum term of 2 to 4 years in prison.
Attempted Grand Larceny in the Fourth Degree (NY PL 155.30) & Petit Larceny (NY PL 155.25)
Both Petit Larceny (often called the “New York shoplifting statute”) as well as Attempted Grand Larceny in the Fourth Degree are “A” misdemeanors punishable by up to one year in jail. Assuming a case is too dangerous to fight at trial or the evidence is too strong against you, a plea to either one of these crimes is often times a tremendous result. The most critical reason is that a felony conviction and the collateral consequences of disbarment, loss of a medical, teaching or “financial” license, may be avoided (again, you and your criminal defense attorney will need to ascertain the impact of a misdemeanor conviction prior to accepting such a plea offer). Moreover, many individual rights are not automatically compromised.
In addition to a plea to one of these crimes, part of the deal will include one or a combination of the following: probation, restitution, community service, jail / prison, confession of judgment, fine or a conditional discharge. In other words, in lieu of prison or jail, your criminal defense attorney may be able to negotiate a sentence that keeps you out of jail, but requires restitution and community service. Again, each case is unique.
Beyond the above referenced crimes, if your New York criminal lawyer is successful in defending your criminal case, there are other non-criminal offenses or deals that may be obtained including violations and adjournments in contemplation of dismissal (ACD). Although extremely difficult, the New York criminal defense attorneys at Crotty Saland PC obtained an ACD for a client accused of a theft in excess of $20,000. As a result, this client who worked in finance had her case dismissed and sealed six months after the court adjourned the case for the ACD. Again, past results cannot guarantee future outcomes, but discuss with your criminal lawyer whether a potentially non criminal deal can be reached in your theft, larceny, embezzlement or extortion case in New York.
For further reading on the nuances, criminal degrees and legal decisions addressing the New York Penal Law statutes of Grand Larceny, Embezzlement, Extortion and other theft crimes, please follow the highlighted link. Beyond the Crotty Saland website, additional information about larceny and theft statutes, other crimes found in the New York Penal Law, legal decisions and analysis of cases in the news can be found on the New York Criminal Lawyer Blog.
Other relevant New York criminal blog entries addressing Grand Larceny and Embezzlement include, but are not limited to:
New York Crimes Beyond Embezzlement and Grand Larceny Part I New York Crimes Beyond Embezzlement and Grand Larceny Part II Article 155: Understanding the Penal Law Criminal Possession of Stolen Property and Associated Legal Presumptions How New York Courts Establish the Value of Property in a Grand Larceny Case Credit Card Theft in New York: Automatic Felony Regardless of Value
Crotty Saland PC represents those accused of, investigated for or charged with Grand Larceny, Embezzlement and other White Collar crimes throughout the New York City region.