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

New York Criminal Defense Attorneys Protecting the Rights of Clients Accused of Felony Theft Crimes.

Grand Larceny in the Second Degree is a serious New York theft 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. Grand Larceny in the Second Degree is a Class C felony.

What Are the Components of Grand Larceny in the Second Degree Charges

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 very similar to other NY larceny crimes, which are:

1. The accused wrongfully took, obtained or withheld property from its lawful owner; and
2. The accused 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.

Moreover, the government must establish one of the following facts:

1. The property value 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:
   1. Physical injury to themselves or anyone else;
   2. Property damage; or
   3. Use or abuse of power by a public servant.

Grand Larceny in the Second Degree Examples

There are many examples of Grand Larceny in the 2nd Degree. Common instances 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.

Offenses Similar to New York Criminal Law § 155.40

In many cases, prosecutors charge individuals with Grand Larceny in the Second Degree along with one or more of the following::

• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• 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
• Petit Larceny – NY Penal Law § 155.25
• Theft of Services – NY Penal Law § 165.15

Defenses to 2^nd Degree Grand Larceny Charges

Numerous potential defenses exist for Grand Larceny in the 2nd Degree. If effective, a defense could decrease your sentence, lead to the prosecution dropping the case, or result in a “not guilty” verdict from the jury. The most common defenses to New York theft crimes include:

• Lack of evidence you intended to permanently deprive the owner of their 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;
• You had the owner’s permission to permanently keep the property.

Criminal Consequences for Violating New York Penal Law § 155.40?

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.

Are You Facing New York Larceny Charges?

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 skilled team of New York theft crimes attorneys boasts over two decades of experience in achieving favorable outcomes for our clients, even in the most challenging cases. We are ready to meet with you immediately to begin crafting a strong defense against the charges you are facing. To find out more and schedule a free consultation today, please call 877-377-8666. Alternatively, you can reach us through our online contact form.