Larceny And Possession Of Stolen Property

Protecting Your Future When You’ve Been Charged With A Theft Crime In New York

An accusation or conviction of theft can jeopardize a person’s future. If you are facing criminal accusations involving stolen property, turn to our experienced lawyers at Konta Georges & Buza P.C. as soon as possible.

Our team of criminal defense attorneys has a well-earned reputation for its aggressive and skilled advocacy. Having served as prosecutors and defense attorneys, we are no strangers to the courtroom. We use our insider perspective to secure the best outcome according to your situation. Contact us online today and schedule your free consultation.

What Is Larceny?

In New York, the act of stealing something, more specifically taking something that does not belong to you with the intent to permanently deprive the rightful owner of that property is called larceny. New York’s larceny statue has five separate degrees and varies depending on the stolen property’s value and other aggravating or mitigating circumstances.

In many cases, the prosecutor will also bring charges of criminal possession of the stolen property in conjunction with the applicable larceny charges. This means that if a person steals someone’s wristwatch, they will not only be charged with stealing the watch (larceny) but also with the charge of possessing the recently stolen watch (possession of stolen property). So, essentially when you commit one act, you could be charged with two offenses.

Grand Larceny And Criminal Possession Of Stolen Property In The First Degree

Grand larceny in the first degree is codified in New York Penal Code Section 155.42. It is usually brought in conjunction with criminal possession of stolen property in the first degree, which is codified in Penal Code Section 165.54. Both grand larceny in the first degree and criminal possession of stolen property in the first degree are class B felonies.

If a person with no prior felony convictions is convicted of a class B felony, the minimum period of incarceration is an indeterminate sentence of one to three years in prison and the maximum is 8 1/3 to 25 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release.

If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 4 1/2 to nine years and the maximum is 12 1/2 to 25 years. In all circumstances, the person is forced to be on parole between one and three years after his release.

155.42: For the government to sustain a conviction for grand larceny in the first degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person wrongfully took, obtained or withheld property from its rightful owner.
• The person did so with the intent to deprive another of the property or to appropriate the property to themselves.
• The value of the property exceeded $1,000,000.

165.54: For the government to sustain a conviction for criminal possession of stolen property in the first degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person knowingly possessed stolen property.
• The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner.
• The value of the property exceeded $1,000,000.

Grand Larceny And Criminal Possession Of Stolen Property In The Second Degree

Grand larceny in the second degree is codified in New York Penal Code Section 155.40. It is usually brought in conjunction with criminal possession of stolen property in the second degree, which is codified in Penal Code Section 165.52. Both grand larceny in the second degree and criminal possession of stolen property in the second degree are class C felonies. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of Class C (nonviolent and nondrug) felony, however, the maximum period of incarceration is an indeterminate sentence of five to 15 years.

An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is three to six years and the maximum is 7 1/2 to 15 years. There is no period of mandatory parole after the person is released from custody.

155.40: For the government to sustain a conviction for grand larceny in the second degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person wrongfully took, obtained or withheld property from its rightful owner.
• The person did so with the intent to deprive another of the property or to appropriate the property to themselves.
• The value of the property exceeded $50,000.

165.52: For the government to sustain a conviction for criminal possession of stolen property in the second degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person knowingly possessed stolen property.
• The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner.
• The value of the property exceeded $50,000.

Grand Larceny And Criminal Possession Of Stolen Property In The Third Degree

Grand larceny in the third degree is codified in New York Penal Code Section 155.35. It is usually brought in conjunction with criminal possession of stolen property in the third degree, which is codified in Penal Code Section 165.50. Both grand larceny in the third degree and criminal possession of stolen property in the third degree are class D felonies.

There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of either of these felonies, however, the maximum period of incarceration is an indeterminate sentence of 2 1/3 to 7 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release.

If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is two to four years and the maximum is 3 1/2 to 7 years. There is no period of mandatory parole after the person is released from custody.

155.35: For the government to sustain a conviction for grand larceny in the third degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person wrongfully took, obtained, or withheld property from its rightful owner.
• The person did so with the intent to deprive another of the property or to appropriate the property to themselves.
• The value of the property exceeded $3,000.

165.50: For the government to sustain a conviction for criminal possession of stolen property in the third degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person knowingly possessed stolen property.
• The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner.
• The value of the property exceeded $3,000.

Grand Larceny And Criminal Possession Of Stolen Property In The Fourth Degree

Grand larceny in the fourth degree is codified in New York Penal Code Section 155.30. It is usually brought in conjunction with criminal possession of stolen property in the fourth degree, which is codified in Penal Code Section 165.45. Both grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree are class E felonies.

There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of Class E (nonviolent and nondrug) felony, however, the maximum period of incarceration is an indeterminate sentence of 1 1/3 to 4 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release.

If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 1 1/2 to three years and the maximum is two to four years. There is no period of mandatory parole after the person is released from custody.

155.30(1): For the government to sustain a conviction for grand larceny in the third degree (subsection 1), the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person wrongfully took, obtained or withheld property from its rightful owner.
• The person did so with the intent to deprive another of the property or to appropriate the property to themselves.
• The value of the property exceeded $1,000.

165.45(1): For the government to sustain a conviction for criminal possession of stolen property in the second degree (subsection 1), the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person knowingly possessed stolen property.
• The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner.
• The value of the property exceeded $1,000.

Petit Larceny And Criminal Possession Of Stolen Property In The Fifth Degree

Petit larceny is codified in New York Penal Code Section 155.25. It is usually brought in conjunction with criminal possession of stolen Property in the fifth degree, which is codified in Penal Code Section 165.40. Both petit larceny and criminal possession of stolen property in the fifth degree are class A misdemeanors. A person convicted of a class A misdemeanor may be sentenced up to one year in jail.

155.25: For the government to sustain a conviction for petit larceny, the government must prove the following two elements beyond a reasonable doubt.

It must prove:

• The person wrongfully took, obtained or withheld property from its rightful owner.
• The person did so with the intent to deprive another of the property or to appropriate the property to themselves.

165.40: For the government to sustain a conviction for criminal possession of stolen property in the second degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

• The person knowingly possessed stolen property.
• The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner.

All forms of larceny and criminal possession of the stolen property are crimes that could carry prison sentences. In addition, criminal convictions may carry severe collateral consequences. Take the first step toward fighting the charges and minimizing the impact of these consequences when you speak with one of our attorneys today.

Get A Skilled Ally In Your Corner

Do not hesitate to contact Konta Georges & Buza P.C. if you or a loved one is accused of any of these crimes. Call 212-710-5166 today and arrange your free consultation.