Legal Question in Criminal Law in New York

Re: Theft

The charge could be Grand Larceny Third Degree, which is a D felony. Jail time may be expected. It depends on his rap sheet, and if he can make restitution.

Re: Theft

A person is guilty of grand larceny in the second degree when he steals property and when the value of the property exceeds fifty thousand dollars; or the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely. Grand larceny in the second degree is a class C felony.

A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars. Grand larceny in the third degree is a class D felony.

A person is guilty of grand larceny in the fourth degree when he steals property and when the value of the property exceeds one thousand dollars; or 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 the property consists of secret scientific material; or the property consists of a credit card or debit card; or the property, regardless of its nature and value, is taken from the person of another; or the property, regardless of its nature and value, is obtained by extortion; or the property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of the Penal Law; or 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 the property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any 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; or the property consists of an access device which the person intends to use unlawfully to obtain telephone service.

Grand larceny in the fourth degree is a class E felony. If the accused already has a criminal record and has committed a prior felony within ten years then jail time will be manditory, otherwise the person may be sentenced to probation and/or community service if a first time offender.