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.The Elements of Grand Larceny in the Fourth Degree
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. The elements of Grand Larceny in the Fourth Degree mirror those of Petit Larceny, which are:
- The defendant wrongfully took, obtained or withheld property from the rightful owner;
- The defendant did so with the intent to permanently deprive the owner of their interest in the property.
However, in addition, the prosecution must prove 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.
Often, prosecutors bring Grand Larceny in the Fourth Degree charges along 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
- Grand Larceny in the Second Degree – NY Penal Law § 155.40
- Grand Larceny in the First Degree – NY Penal Law § 155.42
- Theft of Services – NY Penal Law § 165.15
- Jostling – NY Penal Law § 165.25
- Fraudulent Accosting – NY Penal Law § 165.30
- Misapplication of Property – NY Penal Law § 165.00
- 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
- Robbery in the Third Degree – NY Penal Law § 160.05
- Robbery in the Second Degree – NY Penal Law § 160.10
There are several defenses to Grand Larceny in the Fourth Degree that can either reduce your sentencing exposure or result in 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;
- Mis-identification (i.e., a lack of evidence it was you who took the property);
- You mistakenly took the property, thinking it was your own;
- 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.What Are the Penalties for Violating NY Penal Law § 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.Speak with an Experienced New York Grand Larceny Attorney
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. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.