Grand Larceny

Of the six different degrees of larceny codified in the New York State Penal Law, five are some form of felony-level Grand Larceny. They range in degrees from an E felony all the way up to a B felony punishable by up to 25 years in state prison. Needless to say, larceny charges can be very serious, and you need to make a very good decision about the lawyer you are going to hire to represent you in court.

Jeannie Michalski has represented people in felony larceny cases in the town and county courts around Rochester and Geneseo, from Lima to Greece. You can come talk to us about your charges in a free criminal consultation, where we will analyze your situation and begin developing a strategy for your case.

One unwitting Grand Larceny offense that we see commonly is the theft of a credit card. I say “unwitting,” because the defendant may not have truly meant to steal a credit card. Instead, they pick up a purse or wallet that they found unattended, and that purse or wallet inevitably contains a credit card, and thus the GL 4th felony charge.

Another surprisingly common variation on the Grand Larceny offense is stealing items from local churches. There are local news reports from around Rochester going back years and years regarding this crime. More recently there was a string of larcenies from Batavia churches. In 2011 there were two larcenies in one night at two Monroe County churches – one in Penfield and one in Perinton; the suspects in those two crimes were being investigated for nine – that’s right, nine – other church burglaries.

What Will Happen if I am Arrested for Grand Larceny?

For starters, you are very likely to go to jail. Once you are brought back to the station, a police desk officer or their superior can set bail of up to $750.00 on E felonies. If they bring you to a local court justice for an arraignment, the result will almost certainly be much more harsh than that. In Livingston County it is not unusual to see bail amounts set well above $5,000, depending on how egregious the local justice thinks the crime is.

Here is a chart of the Grand Larceny offenses, and an outline of the punishments that can result from them.

Penal Law SectionWhat is it?Penalties (first offense)(2)
PL § 155.30, Grand Larceny 4th Degree, E Felony.Stealing property worth over $1,000; stealing a public document filed according to the law; stealing secret scientific material; stealing a credit card or debit card; pickpocketing regardless of value of the item stolen; stealing a gun regardless of value; stealing a car worth more than $100; stealing a religious item valued at more than $99.99 and kept in a place of worship; stealing an access device that you intend to use to unlawfully obtain telephone service(1); stealing ammonia for the purpose of manufacturing methamphetamine.Min.: 1-3 years,
Max: 1 1/3 – 4 years.
Alternatives:
  • Definite term of one year or less, intermittent allowed, plus 5 years postrelease supervision. PL 70.00(4), PL 85.00(2)(a),(3), PL 70.45.
  • Up to 5 years probation split with up to 6 months definite incarceration (total time does not exceed 5 years).
  • Up to 5 years probation split with up to 4 months intermittent incarceration (total time does not exceed 5 years).
  • 5 years probation w/ or w/o fine up to $5,000.
  • 3 year conditional discharge w/ or w/o fine up to $5,000.
  • Unconditional discharge.
PL § 155.35, Grand Larceny 3th Degree, D Felony.Stealing property worth more than $3,000; stealing an ATM machine; stealing the contents of an ATM.Min.: 1-3 years,
Max: 2 1/3 – 7 years.
Alternatives:
  • Definite term of one year or less, intermittent allowed, plus 5 years post-release supervision. PL 70.00(4), PL 85.00(2)(a),(3), PL 70.45.
  • Up to 5 years probation split with up to 6 months definite incarceration (total time does not exceed 5 years).
  • Up to 5 years probation split with up to 4 months intermittent incarceration (total time does not exceed 5 years).
  • 5 years probation w/ or w/o fine up to $5,000.
  • 3 year conditional discharge w/ or w/o fine up to $5,000.
  • Unconditional discharge.
PL § 155.40, Grand Larceny 2nd Degree, C Felony.Stealing property worth in excess of $50,000; extorting (stealing) property of any value by instilling fear that somebody will otherwise be hurt, or that some property will otherwise be damaged, or that the extortionist will abuse his position as a public servant to somehow harm a person.Min.: 1-3 years,
Max: 5-15 years.
Alternatives:
  • Up to 5 years probation split with up to 6 months definite incarceration (total time does not exceed 5 years).
  • 5 years probation w/ or w/o fine up to $5,000.
  • 3 year conditional discharge w/ or w/o fine up to $5,000.
  • Unconditional discharge.
PL § 155.42, Grand Larceny 1st Degree, B Felony.Stealing property worth more than $1 million.Min.: 1-3 years,
Max: 8 1/3 – 25 years.
PL § 155.43, Aggravated Grand Larceny of an ATM, C Felony.When a person commits the crime of PL 155.35 (Grand Larceny 3rd Degree), and has been previously convicted of Grand Larceny 3 rd Degree within the previous five years.Min.: 3-6 years,
Max: 7 ½ - 15 years.

(1) for example, a telephone calling card.
(2) Every felony conviction on this chart requires that the defendant submit a DNA sample to the NYS DNA Database.

If you are looking at this chart for Grand Larceny punishments, and if you aren’t an attorney trying to figure out what might happen to your client, then you likely need an attorney to answer questions for you – preferably a knowledgeable criminal attorney who has experience in the County Courts located in Rochester, Geneseo, Canandaigua, or Batavia. If you need to speak with an experienced criminal lawyer, call Jeannie D. Michalski today at (585) 351-2500 for a free criminal consultation.