New York City Grand Larceny Lawyer
Mark I. Cohen is an experienced New York City Criminal Defense Attorney who represents defendants charged with Grand Larceny and Petty Larceny crimes in New York City (Manhattan, Brooklyn, Queens, and the Bronx) and New York State Courts since 1990.
Generally, in order to be convicted of larceny in New York State, the prosecutor must prove that the accused took, obtained, or withheld property from the owner with the intent to deprive the owner of the property or to appropriate the property for himself, herself or a third party.
The New York State Penal Code codifies Petit Larceny (PL 155.25) and Grand Larceny crimes in the First Degree (PL155.42) Second Degree (PL 155.40) Third Degree (PL 155.35) and Fourth Degree (PL 155.30). Generally, the amount of the alleged theft is what determines whether Petit Larceny or Grand Larceny is charged, and the degree of Grand Larceny.
Petit Larceny is a class A misdemeanor and carries a maximum sentence of up to 1 year in city jail. Petit larceny charges can often be resolved by way of an adjournment in contemplation of dismissal (“ACD”) and other dispositions ending in no criminal record being imposed.
Grand Larceny in the Fourth Degree, a class E felony, is charged when the value of stolen property exceeds $1000. It is also charged where the stolen property consists of certain types of public records, writings, instruments; secret scientific materials; credit cards or debit cards; firearms; a motor vehicle with a value in excess of $100; certain access devices; certain chemicals. Grand Larceny in the Fourth Degree can also be charged if the property is taken from the person of another without the threat or use of physical force. For first time offenders, Grand Larceny in the Fourth Degree carries up to 4 years in prison for first time offenders.
Grand Larceny in the Third Degree, a class D felony, is charged when the value of stolen property exceeds $3000.00 or where the property consists of an ATM machine or the contents thereof. Grand Larceny in the Third Degree carries a sentence of up to 7 years in prison for first time offenders.
Grand Larceny in the Second Degree, a class C felony, is charged when the value of stolen property exceeds $50,000.00. Grand Larceny in the Second Degree carries a sentence of up to 15 years in prison for a first-time offender.
Grand Larceny in the First Degree, a class B felony, is charged when the value of stolen property exceeds $1,000,000.00. Grand Larceny in the First Degree carries up to 25 years in prison with a mandatory minimum of 8 1/3 years in prison.
During his 28 years of criminal defense practice in New York City and New York State, Mr. Cohen has mastered the procedural and substantive law pertaining to larceny crimes and the most effective methods of representing defendants charged with Grand Larceny and Petit Larceny crimes in New York.
By retaining Mark I. Cohen, a defendant maximizes the chances that:
(1) he or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
(2) he or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
(3) he or she will be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
(4) he or she will be able to prevail at trial;
(5) he or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
(6) he or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison possible.
If you have been charged with Grand Larceny or Petit Larceny in New York City or New York State, you should contact Mark I. Cohen, an experienced New York Criminal Defense lawyer, to maximize your chances of preserving your freedom, reputation, and assets.
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Mark I. Cohen
New York City Criminal Defense Attorney
New York, NY 10007