Everywhere that a legal system has been established, stealing is illegal. Stealing in New York includes theft, robbery, larceny, and more. If you are accused of stealing something in this state, you will need the advice and services of a good Long Island criminal defense lawyer.

Theft – New York State law calls it “larceny” – is distinct from robbery and burglary. They constitute three different crimes that involve stealing. A conviction for larceny, robbery, or burglary can be penalized quite harshly by a New York criminal court.

How does New York define larceny? How are crimes of larceny handled in our state? What penalties are imposed for a larceny conviction? Keep reading, and you’ll learn more about larceny and about your rights if you are accused of committing larceny in the State of New York.

How is Larceny Defined?

Larceny is “simple” theft, whereas robbery and burglary are crimes that include additional elements such as force, intimidation, or illegal entry.

Larceny is any theft that does not involve force, intimidation, or illegal entry where the perpetrator intends to deprive the property’s rightful owner of the property semi-permanently or permanently and control the property semi-permanently or permanently.

Lawmakers in New York have defined “property” as any personal property, money, computer data or program, real property, or anything that has value, including steam, gas, electricity, or water.

Charges and sentences for crimes of stealing in New York are based on a property’s value, which state law defines as a property’s “market value” at the time the offense takes place.

How Are Larceny Crimes Classified? How Are Larceny Convictions Penalized?

Larceny crimes in this state are classified as petit (petty) larceny or as grand larceny. Petty larceny, a Class A misdemeanor, is a theft of any property valued below $1,000. A conviction for petty larceny may be penalized with a jail term of one year and a $1,000 fine.

Grand theft or grand larceny is considered a felony. Penalties for grand theft convictions are based on the market value of the stolen property:

1. For property valued above $1,000, grand larceny is a Class E felony. A conviction is punishable with a maximum prison term of four years.

2. For property valued above $3,000, grand larceny is a Class D felony. A conviction is punishable with a maximum prison term of seven years.

3. For property valued above $50,000, grand larceny is a Class C felony. A conviction is punishable with a maximum prison term of fifteen years.

4. For property valued above $1,000,000, grand larceny is a Class B felony. A conviction is punishable with a maximum prison term of twenty-five years.

If you are convicted, you may also be ordered to pay substantial fines.

How is Burglary Defined?

Burglary in the state of New York is always charged as a felony. Burglary in the third degree happens when someone “knowingly enters or remains unlawfully” in a structure while planning to commit a crime there.

“Entry” is any intrusion into a structure with any part of one’s body. “Breaking and entering” forcefully is not required for a burglary charge. The crime is charged as burglary in the second degree if one or more of the following apply:

1. The targeted structure was a residence.
2. The defendant was armed with explosives or a lethal weapon.
3. The defendant injured a victim or bystander.
4. The defendant brandished what appeared to be a firearm.

How Are Burglary Convictions Penalized?

If a structure targeted for burglary was a residence, and if one or more of the remaining three conditions apply, the charge is burglary in the first degree. Here’s how convicted burglary offenders are sentenced in New York’s criminal courts:

1. Burglary in the third degree, a Class D felony, may be penalized upon conviction with a seven-year prison term and a $5,000 fine.

2. Burglary in the second degree, a Class C felony, may be penalized upon conviction with a fifteen-year prison term and a $5,000 fine.

3. Burglary in the first degree, a Class B felony, may be penalized upon conviction with a twenty-five-year prison term and a $5,000 fine.

How is Robbery Defined?

Robbery, like burglary, is considered a felony in the state of New York. As mentioned previously, larceny is “simple” stealing, but robbery requires physical force or the threat of physical force. Robbery is a serious offense because it also poses a risk to the public’s safety.

How are robbery convictions penalized in our state? Robbery in the third degree – “simple” robbery without aggravating factors – is considered a Class D felony and may be penalized upon conviction with a seven-year prison term. Robbery in the second degree happens when a robber:

1. appears to brandish a weapon
2. is assisted in the robbery by an accomplice who is present at the crime scene
3. injures a victim or bystander
4. steals a motorized vehicle

How Are Robbery Crimes Classified? How Are Robbery Convictions Penalized?

Robbery in the second degree is considered a Class C felony. A conviction may be penalized with a fifteen-year prison term.

Robbery in the first degree happens when, during a robbery or a flight from a robbery scene, the perpetrator or the perpetrator’s accomplice:

1. is armed with a lethal weapon
2. uses a lethal weapon or threatens its use
3. causes any serious bodily injury to a victim or a bystander

Robbery in the first degree is considered a Class B felony. A conviction may be penalized with a twenty-five-year prison term. Additionally, a court may impose a $5,000 fine – or twice the value of the stolen cash or property, whichever is the highest – for any conviction for robbery.

How Can a Criminal Defense Attorney Help You?

If you’re charged with any crime of burglary, robbery, or larceny in this state, you must have sound legal advice and aggressive defense representation. As soon as possible after you’ve been charged, make the call to a good Long Island criminal defense lawyer.

As you know, to convict you of any criminal charge, a prosecutor must prove your guilt beyond a reasonable doubt. That’s not always easy, because a good defense attorney’s job is to cast doubt on a prosecutor’s evidence.

So don’t presume that you will be convicted if you are charged with larceny, burglary, or robbery. On the other hand, don’t procrastinate. If you are charged with larceny, burglary, or robbery, retain a defense attorney’s help as quickly as you can. That is your right.