New York Penal Law § 155.30 – Grand Larceny in the Fourth Degree

Grand Larceny in the Fourth Degree is a New York felony theft crime. Grand Larceny in the Fourth Degree is the next most serious theft offense after Petit Larceny, and applies in situations where the value of the goods allegedly stolen exceeds $1,000, as well as in other specific instances. Grand Larceny in the Fourth Degree is a Class E felony.

Before a judge or jury can convict anyone of Grand Larceny in the Fourth Degree, the government must prove each element of the offense beyond a reasonable doubt. Grand Larceny in the 4th Degree elements mirror those of Petit Larceny, which are:

1. The accused unlawfully took, obtained or withheld property from the rightful owner;
2. The accused did so with the intention to permanently deprive the owner of their property interest.

However, in addition, the government must establish one or more of the following facts:

The value of the property allegedly stolen exceeded $1,000;

• The property was some sort of public record;
• The property was secret scientific material;
• The property was a credit card or debit card;
• The property was taken from another person directly;
• The property was obtained by means of extortion;
• The property consisted of a firearm (i.e., handgun, pistol, rifle, shotgun, etc.); or
• The property was a motor vehicle other than a motorcycle valued at more than $100;
• The property was a religious item valued at more than $100;
• The property was an access device that was allegedly stolen to obtain telephone access; or
• The property was anhydrous ammonia or liquified ammonia, to be used to manufacture methamphetamine.

Many examples of Grand Larceny in the Fourth Degree are very specific and outlined above. However, aside from those, some of the other examples of this offense include:

• Stealing a car from a junkyard, valued at $95.
• Stealing an antique firearm valued at $750.
• Stealing someone’s wallet that contained their credit card.
• Removing a man’s wallet from his pocket, although the wallet was empty.
• Stealing a cellphone valued at $1,100.

Many times, the government brings charges of Grand Larceny in the 4th Degree with one or more of the following:

• Petit Larceny – NY Penal Law § 155.25
• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.05
• Unauthorized Use of a Vehicle in the Second Degree – NY Penal Law § 165.06

Numerous defenses exist for Grand Larceny in the Fourth Degree, which can potentially reduce your sentencing exposure or lead to the prosecution withdrawing the case against you, or the jury returning a "not guilty" verdict. The most common defenses include the following:

• A lack of evidence suggesting you intended to permanently deprive the rightful owner of their property;
• You mistakenly took the property, thinking it was your own; and
• You had the owner’s permission to take (and keep) the property.

Additionally, there may be other defenses that apply in cases involving the more specific sub-sections of § 155.30.

Grand Larceny in the Fourth Degree is a Class E felony. In New York, Class E felony offenses carry a maximum sentence of up to four years in jail and a fine of up to $5,000 or double the value of the money you gained in committing the offense.

If you have an upcoming court date for a case involving Grand Larceny charges, it is essential that you speak with an experienced NY theft crimes defense attorney as soon as possible. At Tilem & Associates, P.C., our dedicated team of New York criminal defense lawyers is committed to obtaining the best result possible in your case, regardless of your prior record or the evidence in the prosecution’s file. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. For further information and to arrange a free consultation today, please dial 877-377-8666. Alternatively, you can reach us via our online contact form.