New York Penal Law § 155.40 – Grand Larceny in the Second Degree

Grand Larceny in the Second Degree is a serious New York larceny crime. This crime applies in situations where the prosecution believes that a defendant stole property valued at more than $50,000 or, regardless of the property’s value, was stolen by instilling fear of injury or property damage (commonly known as extortion). Grand Larceny in the Second Degree is a Class C felony.

All crimes are made up of elements, which are facts the prosecution must prove before a judge or jury can return a guilty verdict. The elements of Grand Larceny in the Second Degree are almost identical to other New York larceny offenses, which are:

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 establish one of the following facts:

1. The value of the property was in excess of $50,000;
2. Regardless of the type of property or its value, the property was obtained by extortion, which involved instilling fear in the victim of one of the following:
• Physical injury to themselves or anyone else;
• Property damage; or
• Use or abuse of power by a public servant.

There are many examples of Grand Larceny in the 2nd Degree. Some of examples include:

• A person commits a burglary, stealing $65,000 of electronics, jewelry and artwork.
• A stockbroker misappropriates clients’ funds totaling $55,000.
• A zoning board commissioner refuses to approve a valid application for a permit unless the applicant pays them $4,000.
• A person on the street threatens to break another’s car windows unless the vehicle owner pays them $100.

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

• Grand Larceny in the Fourth Degree – NY Penal Law § 155.30
• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• Grand Larceny in the First Degree – NY Penal Law § 155.42
• 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
• 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

There are many possible defenses to Grand Larceny in the 2nd 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 you took the property);
• You mistakenly took the property, thinking it was your own;
• The alleged victim gave up their property without fear of injury or property damage;
• The prosecution cannot prove who owned the property;
• You had the owner’s permission to permanently keep the property.

Grand Larceny in the Second Degree is a Class C felony. In New York, Class C felony offenses carry a maximum sentence of up to 15 years in prison as well as a fine of $15,000 or twice the financial that the defendant obtained by committing the offense. For example, if you were convicted of stealing $55,000 in valuable artwork, the court could impose a fine of as much as $110,000.

If you were recently arrested and charged with Second Degree Larceny in New York, a conviction will undoubtedly have a tremendous impact on your life. However, just because you’ve been arrested doesn’t make you guilty—and it certainly doesn’t mean you will be found guilty. At Tilem & Associates, P.C., our experienced team of New York theft crimes lawyers has more than two decades of experience securing favorable outcomes on behalf of our clients in even the toughest-seeming cases. 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.