Simone Lawson
Theft in New York can be charged as a misdemeanor or felony, with the latter carrying harsher penalties and more severe sentences. The threshold for a felony theft charge in New York is typically when the value of the stolen property exceeds $1,000, but there are exceptions. For instance, stealing a firearm or a vehicle worth more than $100 automatically constitutes grand larceny, a felony, even if the value is less than $1,000. Extortion is also automatically considered a felony, regardless of the value involved. The specific sentence for a felony conviction depends on various factors, including the classification of the felony, with Class A felonies being the most severe and carrying sentences of up to life in prison.
| Characteristics | Values |
|---|---|
| Minimum value for felony theft | $1,000 |
| Minimum value for grand larceny in the fourth degree | $1,000 |
| Maximum value for grand larceny in the fourth degree | $3,000 |
| Minimum value for grand larceny in the third degree | $3,000 |
| Maximum value for grand larceny in the third degree | $50,000 |
| Minimum value for grand larceny in the second degree | $50,000 |
| Maximum value for grand larceny in the second degree | $1 million |
| Minimum value for grand larceny in the first degree | $1 million |
| Maximum sentence for a Class B felony | 25 years |
| Maximum sentence for a Class C felony | 15 years |
| Maximum sentence for a Class D felony | 7 years |
| Typical maximum sentence for a Class A felony | Life imprisonment |
| Minimum value for felony criminal possession of a stolen vehicle | $100 |
| Minimum value for felony criminal possession of a stolen firearm | $1,000 |
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Theft of over $1,000
Grand larceny in the fourth degree is typically charged when the stolen property has a value of more than $1,000 but less than $3,000. However, it's important to note that certain types of property, such as firearms, vehicles, credit cards, or debit cards, can result in a fourth-degree grand larceny charge regardless of their value.
To be convicted of grand larceny or another theft crime in New York, the prosecution must prove beyond a reasonable doubt that the defendant intentionally took someone else's property without the owner's consent and that the property belonged to someone else. Defendants facing felony theft charges are advised to seek skilled legal representation as soon as possible to build a strong defence and mitigate potential damages.
It's worth noting that theft charges in New York can vary based on specific circumstances, and there are different levels of felony theft crimes. For example, theft of property valued at more than $3,000 but less than $50,000 would be considered grand larceny in the third degree, a Class D felony, with potential prison sentences of up to seven years. Theft of property valued at more than $50,000 but less than $1 million would be considered grand larceny in the second degree, a Class C felony, with potential sentences of up to 15 years in prison. The most severe felony theft charge in New York is grand larceny in the first degree, a Class B felony, which applies to theft of property valued at more than $1 million, with potential sentences of up to 25 years in prison.
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Extortion
In New York, extortion is a crime that involves coercing or threatening another person to obtain money, property, or services. The crime can be charged as a felony or misdemeanour, depending on the specific circumstances and severity of the offence.
Degrees of Extortion
- Class E felony - The basic offence of extortion is classified as a Class E felony, punishable by up to four years in prison.
- Class D felony - If the value of the property or money obtained through extortion is substantial (for example, exceeding $3,000 but not more than $50,000), the crime may be upgraded to a Class D felony. A conviction for a Class D felony can result in a sentence of up to seven years in prison.
- Class C felony - The crime becomes a Class C felony if the perpetrator uses the threat of violence or property damage. A Class C felony conviction carries a maximum sentence of up to 15 years in prison.
- Class B felony - If the demand or value of the property involved exceeds $1,000,000, the offence is upgraded to a Class B felony, punishable by up to 25 years in prison.
Larceny by Extortion
Larceny by extortion involves stealing or withholding another person's property through the use of extortion. There are six degrees of larceny, ranging from Petit Larceny to Aggravated Grand Larceny, and the combination of larceny and extortion can influence the final sentencing. Grand Larceny in the Fourth Degree, committed through extortion, is a Class E felony. If the extortion involves threatening physical injury, property damage, or abuse of public power, it is considered Grand Larceny in the Second Degree, a Class C felony.
Coercion
Coercion is a related but distinct crime from extortion. It involves controlling or manipulating another person's actions through physical force or the threat of force. Coercion in the Second Degree is a Class A misdemeanour, while Coercion in the First Degree is a Class D felony, punishable by a minimum of one year in jail.
Defences
If a person is accused of extortion, they may be able to argue that they were coerced or extorted to commit the act, which can serve as a defence. Additionally, in cases of larceny by extortion, a defendant may argue that they believed the criminal charges they threatened the victim with were true and that their sole intention was to seek amends for the victim's alleged crime.
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Grand larceny
In New York, larceny is defined as stealing property with the intent to deprive another person of that property. There are two types of larceny: petit larceny and grand larceny. Petit larceny pertains to the theft of items valued at $1,000 or less and is a Class A misdemeanour. Grand larceny, on the other hand, is a felony.
The classification of larceny as either a misdemeanour or a felony depends on the value of the property stolen and the nature of the crime. Larceny becomes a felony, or grand larceny, when the stolen property's value surpasses $1,000. However, it's not just the value that determines the severity of the crime. If the theft involves certain types of property, it can qualify as grand larceny regardless of the monetary value. These types of property include motor vehicles, firearms, and credit cards.
- Grand larceny in the fourth degree: This applies when the stolen property is valued at more than $1,000 but less than $3,000, or if the property is a firearm, vehicle, credit card, or debit card. It is a Class E felony, and conviction may result in a prison term of up to four years, although incarceration is not guaranteed.
- Grand larceny in the third degree: This occurs when the stolen property exceeds $3,000 in value, or if an ATM or its contents are stolen. It is a Class D felony, and the possible prison sentence is up to seven years.
- Grand larceny in the second degree: This charge is applied when the stolen property is valued at more than $50,000, or if the theft involved extortion. It is a Class C felony, and conviction can result in a sentence of up to 15 years in prison.
- Grand larceny in the first degree: This is the most severe form of grand larceny and applies when the stolen property is valued at more than $1 million. It is a Class B felony, the most serious category of felony in New York, and carries a potential sentence of up to 25 years in prison.
It is important to note that individuals convicted of felony theft in New York often face lifelong secondary consequences beyond incarceration, such as difficulty finding employment, renting an apartment, obtaining a loan, or regaining custody of children. Therefore, it is crucial to seek experienced legal representation as early as possible when facing grand larceny charges.
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Class B felonies
In the state of New York, felonies are categorised as crimes of "high seriousness", and the state's legal code describes felonies as crimes punishable by death or imprisonment in excess of a year. Felony charges in New York are treated with a high level of severity due to strong public support for laws that are "tough on crime".
In the context of theft, Class B felonies are more severe than Class E felonies, which are the least serious type. Theft crimes are typically not classified as Class A felonies, but if larceny was part of a crime that includes a Class A felony, such as major trafficking or conspiracy, the theft may be charged as a Class B felony.
Grand larceny, or theft of property, is classified as a felony if the value of the stolen property exceeds $1,000. Grand larceny in the first degree, which is a Class B felony, involves stealing property with a value of more than $1 million. The potential sentence for this crime is up to 25 years in prison.
It is important to note that certain types of theft are automatically classified as felonies in New York, regardless of the value of the stolen items. For example, stealing a credit card, possessing a stolen credit card, or stealing a vehicle are all considered felonies. Additionally, extortion, which involves threatening to expose information or harm an individual unless paid, is always a felony, even if the value involved is low.
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Felony theft charges
In New York, theft can be charged as a misdemeanor or a felony. The determination is largely based on the value of the allegedly stolen property. Typically, a theft crime will be considered a felony in New York State if the value of the stolen property exceeds $1,000.
However, it's important to note that theft does not always refer to stealing physical goods. Under New York law, crimes such as extortion, embezzlement, and certain forms of fraud may also be considered theft. Extortion, for example, is defined as threatening to expose information unless an individual is paid. Extortion is automatically considered a felony in New York, even if the value of the property involved is less than $1,000.
New York State also distinguishes between different levels of felony theft crimes, with Class B felonies being the most severe and carrying the harshest penalties. Here is a breakdown of the felony classes for theft crimes in New York:
Class E Felonies
More than $1,000 but less than $3,000. This offense is punishable by fines of up to $5,000 (or double the offender's gain from the crime) and up to four years in prison.
Class D Felonies
More than $3,000 but less than $50,000. This offense is punishable by up to seven years in prison.
Class C Felonies
More than $50,000 but less than $1 million. This offense carries a sentence of up to 15 years in prison.
Class B Felonies
More than $1 million. This offense is considered the most severe and carries a potential sentence of up to 25 years in prison.
It's important to note that the specific sentence for a felony theft conviction will depend on various factors, including the classification of the felony offense, the defendant's prior criminal history, and the specific circumstances of the case.
Additionally, individuals convicted of felony theft often face lifelong secondary consequences beyond incarceration, such as difficulty finding employment, renting an apartment, obtaining a loan, or even regaining custody of their children. Therefore, it is crucial to seek legal representation as early as possible to minimize the potential legal and personal consequences of a felony theft charge.
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