Grand Larceny Attorney in Westchester County, New York

At the Law Office of Michael D. Litman, PLLC, we’ve spent over 20 years representing clients facing serious criminal charges, including grand larceny. Grand larceny is a severe offense in New York, with potentially life-altering consequences. Understanding the nuances of this charge, the legal definitions, penalties, and possible defenses is crucial for anyone accused of this crime.

What Constitutes Grand Larceny in New York?

Grand larceny in New York is defined as the unlawful taking of property, where the value of the property exceeds a certain amount. The threshold for grand larceny starts at $1,000. The crime is classified into four degrees, depending on the value of the stolen property or the circumstances surrounding the theft.

• Fourth Degree Grand Larceny: This involves the theft of property valued between $1,000 and $3,000. It's classified as a Class E felony.

• Third Degree Grand Larceny: Involves stealing property valued between $3,000 and $50,000. This is a Class D felony.

• Second Degree Grand Larceny: Involves property valued between $50,000 and $1 million or when the theft is from a person or involves extortion. It's a Class C felony.

• First Degree Grand Larceny: This is the most severe form, involving the theft of property valued over $1 million. It's classified as a Class B felony.

Understanding the degree of the charge is essential as it directly impacts the severity of the penalties and the approach needed for an effective criminal defense.

Penalties for Grand Larceny in New York

The penalties for grand larceny are severe and vary depending on the degree of the charge. Each degree carries potential prison time, significant fines, and a permanent criminal record.

• Fourth Degree Grand Larceny (Class E Felony): Punishable by up to 4 years in prison and substantial fines.

• Third Degree Grand Larceny (Class D Felony): Carries a penalty of up to 7 years in prison and fines.

• Second Degree Grand Larceny (Class C Felony): Punishable by up to 15 years in prison and significant fines.

• First Degree Grand Larceny (Class B Felony): The most serious, with penalties of up to 25 years in prison and hefty fines.

In addition to these penalties, a grand larceny conviction can lead to a permanent criminal record, which can severely impact employment opportunities, housing, and other aspects of life.

Defenses Against Grand Larceny Charges

A strong defense strategy is crucial when facing grand larceny charges. Several defenses may be applicable, depending on the specifics of the case. At the Law Office of Michael D. Litman, PLLC, we explore all possible defenses to provide the best outcome for our clients.

One of the primary defenses in a grand larceny case is arguing a lack of intent to permanently deprive the owner of their property. For instance, if the defendant took the property under the belief that they had the right to it or with the intention of returning it, this could negate the criminal intent required for a grand larceny conviction.

Additionally, the prosecution must prove that the value of the stolen property meets the threshold for grand larceny; challenging this valuation could potentially reduce the charges to petit larceny, a misdemeanor with less severe penalties.

Another defense involves mistaken identity, where the defendant argues that they weren't the individual who committed the theft, focusing on disputing the identification made by witnesses or captured on surveillance.

The Role of a Criminal Defense Attorney in Grand Larceny Cases

The logistics of grand larceny cases necessitate the involvement of an experienced criminal defense attorney. At the Law Office of Michael D. Litman, PLLC, we leverage over two decades of experience to guide our clients through the legal process, making sure they understand their rights and options.

A criminal defense attorney plays a crucial role in several aspects of a case. They investigate by gathering evidence, interviewing witnesses, and analyzing the prosecution's case to uncover potential weaknesses. In some situations, they negotiate plea deals to reduce charges or penalties, such as lowering a felony to a misdemeanor or securing probation instead of prison time.

If the case proceeds to trial, a skilled attorney will mount a strong defense, challenging the prosecution's evidence and presenting arguments designed to create reasonable doubt.

The Impact of a Grand Larceny Conviction

A grand larceny conviction has far-reaching consequences beyond the immediate penalties of prison time and fines. It creates a permanent criminal record that can affect various aspects of life.

A felony conviction can significantly impact various aspects of life. Employment opportunities may be severely limited, as many employers conduct background checks and are reluctant to hire individuals with a criminal record.

Securing housing can also be difficult, as landlords may be hesitant to rent to those with a criminal history. Additionally, a criminal record can affect educational prospects, potentially leading to denial of admission to some institutions and impacting eligibility for scholarships and financial aid.

The long-term impact of a grand larceny conviction underscores the importance of a strong criminal defense. Avoiding a conviction or reducing the charges can significantly alter the course of a defendant’s life.

Understanding the Legal Process for Grand Larceny Cases

Traversing the legal process in a grand larceny case can be daunting. Understanding each step can help alleviate some of the stress and uncertainty involved.

Following an arrest, the defendant will undergo an arraignment where they're formally charged and enter a plea, making it essential to have legal representation at this stage to determine the best course of action. During the discovery phase, both sides exchange evidence and information, with the defense attorney meticulously reviewing the evidence to build a case. 

Pre-trial motions may be filed to address issues such as the admissibility of evidence or to seek dismissal of the case if there are significant legal flaws. If the case proceeds to trial, the defense will present its case, cross-examine witnesses, and contest the prosecution's evidence, aiming for an acquittal or a not-guilty verdict.

If convicted, sentencing will follow, with the court imposing penalties based on the crime's severity and the defendant’s criminal history, which could include prison time, fines, restitution, and probation.

Why Choose the Law Office of Michael D. Litman, PLLC?

Choosing the right criminal defense attorney can make a significant difference in the outcome of a grand larceny case. At the Law Office of Michael D. Litman, PLLC, we bring over 20 years of experience in criminal defense, with a focus on providing personalized and aggressive representation.

We understand the nuances of New York law and the intricacies of grand larceny charges. Our approach is tailored to each client, making sure that we explore every possible defense and work tirelessly to protect our clients' rights. Our attorney serves clients in Westchester County, New York, and the surrounding areas, including White Plains, Harrison, and Yonkers.