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
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