New York Penal Law § 155.35 – Grand Larceny in the Third Degree

Grand Larceny in the Third Degree is one of several felony larceny crimes in New York. Prosecutors bring charges of Grand Larceny in the Third Degree when the value of the goods allegedly stolen exceeds $3,000 or when the property at issue was an ATM machine or the contents of an ATM machine. Grand Larceny in the Third Degree is a Class D felony.

All criminal offenses have certain elements, which the prosecution must prove beyond a reasonable doubt. The elements of Grand Larceny in the Third Degree are almost identical to other New York larceny crimes and include:

1. The defendant wrongfully took, obtained or withheld property from its lawful owner; and
2. The defendant did so with the intent to permanently deprive the owner of their interest in the property or to take control of the property for themselves.

Additionally, the prosecution must prove that one of the two situations apply:

1. The value of the property was in excess of $3,000;
2. The stolen property was an automatic teller machine; or
3. The property was stolen from an ATM.

There are countless examples of Grand Larceny in the 3rd Degree because the crime applies anytime the value of stolen items is more than $3,000. Some of examples include:

• A nanny steals $4,500 in jewelry from a customer.
• A person breaks into an ATM that contained just $800.
• A person steals an automatic teller machine.
• Stealing a piece of artwork valued at $3,050.

Often, prosecutors bring charges of Grand Larceny in the Third Degree with one or more of the following:

• Grand Larceny in the Fourth Degree – NY Penal Law § 155.3
• Grand Larceny in the Second Degree – NY Penal Law § 155.40
• Grand Larceny in the First Degree – NY Penal Law § 155.42
• Petit Larceny – NY Penal Law § 155.25
• 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
• Robbery in the Third Degree – NY Penal Law § 160.05
• Robbery in the Second Degree – NY Penal Law § 160.10
• 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

There are many possible defenses to Grand Larceny in the 3rd Degree. If successful, a defense may reduce your sentencing exposure, result in the prosecution withdrawing the case against you, or the jury returning a “not guilty” verdict. The most common defenses to New York theft crimes include:

• Lack of evidence you intended to permanently deprive the 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;
• The prosecution cannot prove ownership of the item; and
• You had the owner’s permission to permanently keep the property.

Grand Larceny in the Third Degree is a Class D felony. In New York, Class D felony offenses carry a maximum sentence of up to seven years in prison as well as a fine of as much as $5,000. However, the fine may be higher because New York law allows a court to fine a convicted defendant double the value of the money they gained as a result of the crime.

If you were recently arrested and charged with larceny in New York, it is imperative that you understand the various defenses that may apply in your situation. At Tilem & Associates, P.C., our experienced team of New York theft crimes lawyers is dedicated to securing a favorable result in your case, regardless of your prior record or the evidence against you. 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.