Larceny, or theft, refers to the illegal act of intentionally depriving someone else of their property, without their consent. This property can include anything of value, from software, data, and services to physical goods, vehicles, utilities, and more.
Although larceny charges are generally filed when someone has been accused of stealing for their own personal gain, these charges may also be filed when another’s property has been destroyed or disposed of permanently. Whether they are misdemeanors or felonies will depend on various factors, like:
- The value of the property that was allegedly stolen or disposed of
- Where the property was allegedly taken from
- What the property was
Here’s a closer look at various types of larceny charges in Westchester, NY, along with the potential penalties for each. For additional information related to a specific larceny or criminal case you may be facing in Westchester County, simply contact Mamaroneck Attorney Michael J. Borrelli.
The theft of any vehicles valued at $100 or more (and not including motorcycles) is generally associated with 4th-degree grand larceny charges under New York law. These Class E felony charges can be:
- Filed even when someone may have just been on a joyride: Sometimes, an accused individual may have intended to borrow a vehicle or bring it back. Other times, misunderstandings, confusion, or miscommunications can lead to auto theft charges.
- Punishable by up to four years in prison, in the event of conviction: The charges and potential penalties will only get more severe once an accused individual has priors on his record.
- Elevated to more serious felony-level charges as the value of the vehicle involved increases: While allegedly stealing a vehicle valued at $30,000 to under $60,000 can lead to 3rd-degree grand larceny charges, the theft of a vehicle worth $60,000 or more can result in 2nd-degree charges.
Burglary is the illegal act of unlawfully entering another party’s premises, with the intent of committing some other crime, like theft. Generally, burglary in the 3rd degree is the most basic form of the charge. Applying to situations when no aggravating factors are involved, 3rd-degree burglary is filed as a Class D felony offense in Westchester County, NY. As such, it can be punishable by 3 to 7 years in prison.
If, however, an alleged burglary involves a weapon or injuries to bystanders, the charges can be filed as Class C felonies, which can bring up to 15 years in prison upon conviction.
Stealing and using another individual’s personal information to obtain something of value can lead to identity theft charges. Under New York law, these charges can be filed in the:
- First degree: As the most serious level of identity theft charges, these are Class D felonies that are filed when $2,000 or more in theft or financial losses have resulted from the offense. Upon conviction, they can result in up to $5,000 in fines and up to 7 years in prison.
- Second degree: When identity theft results in theft or losses between $500 and $2,000, these Class E felony charges can be filed. A conviction can mean up to four years in prison and up to $5,000 in fines.
- Third degree: For offenses resulting in losses less than $500, these Class A misdemeanor charges may be filed. They can bring up to 1 year in prison and up to $1,000 in fines.
Credit Card Theft
Use or attempted use of a stolen credit card or debit card is a Class E felony offense in Westchester County. While these charges can be punishable by up to four years in prison and up to $5,000 in fines, that could be just the beginning, as credit card theft often comes with forgery, larceny, and other charges.
Also referred to as “petit larceny,” shoplifting charges are usually Class A misdemeanors. As with other larceny charges, prior convictions and aggravating circumstances can result in more severe charges and potential penalties.
These Class D felony charges can be filed for alleged acts of forgery, as well as for the alleged possession of forgery tools.
The amount of money allegedly stolen will impact the level of felony charges for embezzlement. In fact, while amounts between $3,000 and $50,000 can be met with Class De felony charges, embezzlement case alleging the theft of more than $50,000 (and less than $1 million) can bring Class B felony charges and up to 24 years in prison, upon conviction.
Also referred to as “theft by extortion” or blackmail, this offense refers to alleged acts of intimidation or threats in an effort to obtain something of value from another individual. While extortion can be a Class E felony at the most basic level, it is elevated to a Class C felony when threats of physical harm are involved.
Larceny Defense Cases: What the Accused Need to Know
When larceny charges have been leveled at you, there’s a lot on the line—from your reputation, career, and relationships to your freedom and, quite possibly, your future. As scary as misdemeanor and felony larceny charges can be, it’s essential for anyone who is accused to remember that:
- They are innocent until proven guilty: Don’t give away your rights by pleading guilty without first talking to a lawyer. Also, if you can help it, avoid speaking to the police or answering questions without an attorney present.
- The prosecutors have the burden of proof: This means that they must prove beyond a reasonable doubt that the accused committed the offense. The defense only needs to prove it’s possible that something else happened, like there was some misunderstanding or the defendant did not intend to take the items in question.
- Procedural errors can help the defense: This can include mistakes made during the arrest and/or investigation, like failing to Mirandize the accused before making an arrest or illegally searching the accused and seizing alleged evidence.
- It’s never to early to involve an experienced criminal defense attorney when larceny charges could be or have been filed against you:
Find Out Your Best Defense Options: Contact Westchester County Larceny Defense Lawyer Michael J. Borrelli
If you or a loved one is facing theft charges in Westchester County, NY, the success of your defense case can depend on the attorney you have going forward. For exceptional defense representation in misdemeanor and felony larceny cases, you need Mamaroneck Criminal Defense Lawyer Michael J. Borrelli.
Call (914) 825-8620 or contact us online for a FREE, confidential consultation. We offer consultations 24/7.
With experience as an Assistant District Attorney in Westchester County, NY, Attorney Borrelli has deep expertise in New York criminal law, as well as lasting relationships with the local courts and police. He also brings more than 25 years of criminal law experience to every case he takes on. That experience includes a near-perfect success rate in more than 40 felony criminal trials.
Beyond his professional excellence and credentials, Attorney Borrelli is tirelessly committed to helping people just like you. He offers personalized service, helpful advice, and clear answers, so you are never confused, anxious, or under pressure when it’s time to go to court. That can ease your mind and instill confidence that you have the defense you need and deserve—and that you have optimal chances of fair, favorable, and efficient resolutions.
Find out your best defense options against larceny charges now in a FREE consultation.