Even for experienced Rochester criminal defense lawyers, it is not always easy to determine what degree of larceny should be charged following an alleged theft of property.
While in many cases the offense is charged is based purely on the value of the property, there are cases where the seriousness of the theft is not based on value, but instead on what was stolen and how.
In most cases, Grand Larceny in the Fourth Degree will be charged where the value of the allegedly stolen property exceeds $1,000 but is less than $3,000.
In some cases, however, whether Grand Larceny in the Fourth Degree may be charged depends on the manner in which the item was taken, not its value.
Where property of any value is taken directly from the person of another (as opposed to, for example, shoplifting) or through extortion, a charge of Grand Larceny in the Fourth Degree may be supported.
There are several other specific types of property to which this charge applies regardless of the property’s value, perhaps the most common being the theft of a credit or debit card.
This offense does not require that the credit card be used, merely that it be stolen.
The theft of other specific items that support this charge includes firearms, rifles and shotguns; any motor vehicle worth more than $100; a religious symbol or item worth more than $100; and an access device (for example, a cell phone) taken for the purpose of unlawfully obtaining telephone service.
Grand Larceny in the Fourth Degree is a serious criminal offense and has severe penalties.
If you have been accused of stealing, call us at 585-484-7432 for legal help.