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Grand Larceny in the 4th Degree
Grand Larceny, Fourth Degree, is a Class E Felony. If convicted, a defendant with no prior felony criminal record faces a maximum prison sentence of 1 1/3 - 4 years. Second felony offenders face up to 2 - 4 years in state prison. Persistent felony offenders convicted of Grand Larceny 4th face a minimum of 15 - 25 years, and a maximum sentence of life in prison.
The Rochester criminal defense attorneys at The Militello Law Firm have experience defending people accused of Grand Larceny. Despite the serious nature of this charge, and the heavy potential sentences it carries, in cases where our client does not want to go to trial - especially for first time offenders - we are almost always able to negotiate non-jail plea deals.
A person is guilty of grand larceny in the fourth degree when he steals property and when:
1. The value of the property exceeds one thousand dollars; or
2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or
3. The property consists of secret scientific material; or
4. The property consists of a credit card or debit card; or
5. The property, regardless of its nature and value, is taken from the person of another; or
6. The property, regardless of its nature and value, is obtained by extortion; or
7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or
8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
9. The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which:
(a) has a value of at least one hundred dollars; and
(b) is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.
11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.
Grand Larceny 4th is often charged when people are caught shoplifting at higher-end retail stores such as Apple, Coach, or Von Maur. Eastview Mall is filled with stores like these, and not much has to be stolen to cross the $1,000 threshold.
Another common way for people to be charged with Grand Larceny 4th is when they foolishly decide to take a purse or wallet that has been left lying around because they think there might be a few dollars in cash inside. That purse or wallet inevitably contains a credit card, and once again, the theft becomes a felony.
Grand Larceny 4th is also the felony charge brought by prosecutors when a gun is stolen.
If you have been charged with Grand Larceny in the Fourth Degree, call us to speak with an experienced lawyer. The criminal defense attorneys at our office can be reached at (585) 485-0025.