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Understanding New York Grand Larceny Law: A Simple Guide

Hochhauser Criminal & DWI Defense

What New York Law Prohibits

In New York, grand larceny happens when someone steals property worth more than $1,000. It’s also grand larceny if you steal certain items regardless of their value, like a credit card, public records, or property taken directly from someone’s body.

New York has four degrees of grand larceny based on the value stolen:

  • Fourth Degree Grand Larceny: Property worth more than $1,000
  • Third Degree Grand Larceny: Property worth more than $3,000
  • Second Degree Grand Larceny: Property worth more than $50,000
  • First Degree Grand Larceny: Property worth more than $1,000,000

Penalties Under New York Law

The punishment depends on the degree of grand larceny:

Fourth Degree Grand Larceny (Class E Felony):

  • Up to 4 years in prison
  • Up to 5 years probation
  • Fines up to $5,000

Third Degree Grand Larceny (Class D Felony):

  • 2 to 7 years in prison
  • Up to 5 years probation
  • Fines up to $5,000

Second Degree Grand Larceny (Class C Felony):

  • 3½ to 15 years in prison
  • Up to 5 years probation
  • Fines up to $5,000

First Degree Grand Larceny (Class B Felony):

  • 5 to 25 years in prison
  • Up to 5 years probation
  • Fines up to $5,000

What the State Must Prove in New York

To convict someone of grand larceny in New York, prosecutors must prove these elements:

For All Degrees of Grand Larceny:

  1. Taking: The person wrongfully took someone else’s property
  2. Intent: They intended to permanently deprive the owner of the property
  3. Value or type: The property was worth more than $1,000 OR was a special type of property (like credit cards, public records, or property taken from someone’s person)

Additional Requirements by Degree:

  • Third Degree: Property worth more than $3,000
  • Second Degree: Property worth more than $50,000
  • First Degree: Property worth more than $1,000,000

The state must prove all required elements beyond a reasonable doubt. In New York, “wrongfully taking” means taking property without permission and without any right to do so. The prosecution must also prove the actual value of the stolen property through evidence like receipts, appraisals, or expert testimony.

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