NY PENAL § 155.35: Grand Larceny in the Third Degree

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The Third Tier of Grand Larceny in New York

What is Grand Larceny in the Third Degree?

There are two ways a theft offense can qualify as grand larceny in the third degree. First, the value of the stolen property is between $3,000 and $50,000; and second, if the theft is an automated teller machine or its contents. In addition, the charge can elevated to aggravated grand larceny of an automated teller machine if the perpetrator has previously been convicted of third-degree grand larceny.

When The Charge Of Grand Larceny In The Third Degree Applies

Very often, the people who are charged with grand larceny in the third degree are good people who made an understandable mistake. Sometimes there are cases of exploitation like the people who ran a fraudulent nursing school in order to make off with students’ fees. But more common are cases of people who need a little extra money and who reluctantly break the law for it, such as the woman who collected $6,551 in unemployment benefits while she was employed, or the woman who shoplifted enough merchandise to rise to a grand larceny charge.

Many of the people charged with third-degree grand larceny are scared about what will happen to them if they are convicted, and worried that this one mistake will ruin the rest of their lives. If you are charged with this crime, you should stay as calm as you can and remember that you have rights.

NY PENAL § 155.35: The Charge of Grand Larceny in the Third Degree

The New York State penal code says:

A person is guilty of grand larceny in the third degree when he or she steals property and:

  1. When the value of the property exceeds three thousand dollars, or
  2. The property is an automated teller machine or the contents of an automated teller machine.

Grand larceny in the third degree is a class D felony.

What Can Happen To Me If I Am Charged With Grand Larceny In The Third Degree?

Although far less severe than the higher tiers, grand larceny in the third degree is class D felony and should be taken seriously. If convicted, you can be sentenced to up to seven years in prison. However, unless you have a prior felony conviction, the court has a lot of leeway with your sentence. If the defendant displays good character and there are mitigating circumstances to the crime, you can be sentenced to probation only. So it is important that you are represented by an experienced lawyer who knows how to get the best deal for his clients!

What Should I Do Next?

If you are charged with grand larceny in the third degree in Queens, Nassau, or Suffolk county, remember that you have rights, including a right to a lawyer. Your Long Island criminal defense attorney knows how to defend grand larceny cases, such as by arguing for a lower tier of the charge or by demonstrating that you acted in good faith and didn’t intend to steal. It’s important that you don’t talk about the case with anyone! Contact a lawyer as soon as possible and let the lawyer speak on your behalf.

Grand Larceny in the Third Degree
Past Client Testimonials

Past Client Testimonials

I was falsely accused of grand larceny. For someone who has never been arrested, I was in shock. I complied with the police because I respect the law and assumed they would recognize the accuser’s lie and let me go. Little did I realize the criminal justice system treats you as guilty, until proven innocent. The opposite of what I thought. Scott walked me through the painful process of proving my innocence. His knowledge of the law and empathy towards me, helped me survive the process and get a full dismissal. I unequivocally recommend Scott as your defense attorney. Thank you Scott!


Scott Limmer helped me through a difficult very situation. He was professional and guided me through the entire process with clarity and honest guidance. Most importantly, he had my trust through everything. He was responsive to any questions I had, and always returned my calls or emails. I never doubted that he undeniably had my best interests at heart. Thank you again Scott and I will most definitely recommend you to anyone that is in trouble and needs help.


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I found Scott when I was in a very tough spot. I had been charged with two serious felony level crimes. I met with a handful of attorneys and Scott's reviews and presence both online and in person impressed me, so I hired him.
I am so thankful I made that decision. Scott was consistently friendly,  professional, and easily accessible. His fees were very reasonable, especially considering the level of service he provided. Most importantly to me, Scott made sure that the Judge and a zealous DA's office saw that the charges were not at all what they were chalked up to be. In the end, there was no jail time, no probation, no criminal record and no fines or community service.
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I reached out to Scott after a police officer contacted my employer.  I was worried that my case could have a negative affect on my employment situation and freedom. Scott kept my mind at ease and ensured we would not plea guilty and rightfully so. By the end of my case, I was not convicted with any crimes. I could not have asked for a better lawyer experience.
From first contact, Scott was approachable, very responsive and engaged, professional, and compassionate. He took time to talk through every concern and explained the process thoroughly, gave best and worst case scenarios and didn’t not over promise. In fact he under-promised and over-delivered. My family will forever be thankful we choose Scott to represent us. He is a down to earth, smart, highly capable professional.


I hired Scott Limmer to defend my son who had gotten into trouble in school and with the law. From our first meeting to our last, and there were many in between, not only was Scott extremely knowledgable in both aspects, but he always kept us informed about what was going on, and answered my phone calls any time of the day to put my mind at ease. Scott went above and beyond for our son to make sure that he would get the best outcome possible and that outcome was better than we had ever expected. He is very compassionate about his work and it shows in everything he does. I truly believe that if I hadn't hired Scott as my lawyer, my son would not have been given the fresh start that he now has.