Grand Larceny in the Second Degree - NYPL § 155.40 by Lebedin Kofman LLP

Grand Larceny in the Second Degree - NYPL § 155.40 by Lebedin Kofman LLP

Grand Larceny in the Second Degree is a serious criminal charge under New York Penal Law § 155.40. It involves the unlawful taking of property valued at over $50,000 or obtaining property through extortion. This offense is classified as a Class C felony, carrying significant penalties, including a maximum prison sentence of up to 15 years and substantial fines. Understanding the elements of this charge and how it is prosecuted can help individuals facing accusations take the right steps to protect their rights.

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Grand Larceny charges involve more than just theft; they focus on the intent to permanently deprive the rightful owner of their property. The offense is not limited to physically taking possession of someone else's belongings. It can include transferring ownership or using threats to obtain property, which constitutes extortion under the law. Extortion typically involves coercion, such as instilling fear of physical harm, property damage, or abuse of authority by a public servant. In such cases, the value of the property does not need to exceed $50,000 for a second-degree charge to apply.

In New York, related offenses like healthcare fraud (NYPL § 177), insurance fraud (NYPL § 170), bank fraud (18 USC § 1344), wire fraud (18 USC § 1343), and securities fraud (18 USC § 1348) can complicate a Grand Larceny case. These additional charges may increase the severity of the penalties if a defendant is convicted. Working with a criminal defense attorney in New York can help individuals understand the specific charges they face and explore potential defense strategies to challenge them.

A common defense against Grand Larceny charges is proving that the defendant lacked the intent to permanently deprive the owner of their property. For instance, if the defendant believed in good faith that they had a right to the property, this could serve as a valid defense. Additionally, if the property was borrowed or loaned rather than stolen, it may weaken the prosecution’s case. The burden of proof lies with the prosecution to show that the defendant acted with criminal intent, which can be a critical factor in determining the outcome of a case.

The penalties for Grand Larceny in the Second Degree can vary based on several factors, including the circumstances of the offense and the defendant's criminal history. First-time offenders may receive a lighter sentence than repeat offenders. However, the court has the discretion to impose a maximum prison sentence of 15 years, along with fines based on the value of the stolen property. Given the seriousness of these consequences, seeking legal advice from a qualified Manhattan Grand Larceny attorney is essential.

At Lebedin Kofman LLP, our attorneys provide personalized legal representation to individuals facing Grand Larceny charges in New York. Our Manhattan Grand Larceny lawyers work to develop defense strategies tailored to each client’s unique situation. Whether the case involves theft by extortion or a high-value property offense, our goal is to help clients protect their rights and achieve the best possible outcome.

If you or a loved one is facing charges of Grand Larceny in the Second Degree, contact Lebedin Kofman LLP today at (646) 663-4430 to schedule a free consultation. Our team serves clients in Manhattan, Nassau County, and other parts of New York, providing strong legal support in cases involving property theft and fraud-related charges.

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