Grand larceny is the felony grade of theft in New York. The Penal Law divides it into four degrees based on the value of the property and the manner of the theft.
- Grand larceny in the fourth degree (PL § 155.30). Class E felony. Value over $1,000, or theft of a credit/debit card, firearm, motor vehicle, public record, scientific material, ammonia for manufacturing, or theft from a person.
- Grand larceny in the third degree (PL § 155.35). Class D felony. Value over $3,000, or theft of an ATM.
- Grand larceny in the second degree (PL § 155.40). Class C felony. Value over $50,000, or extortion using threats covered by PL § 155.05(2)(e).
- Grand larceny in the first degree (PL § 155.42). Class B felony. Value over $1 million.
Defenses
- Valuation. The market value of the property at the time and place of the taking is the controlling figure. Inflated retail valuations, depreciation, and resale-market analysis routinely move grand larceny cases down a grade.
- Intent. Larceny requires intent to deprive the owner permanently or for so extended a period as to appropriate the property. Borrowing, mistake of fact, and claim of right are real defenses.
- Claim of right. A good-faith claim to the property under PL § 155.15 is an affirmative defense.
- Identification and suppression. The standard constitutional defenses apply to every theft case.
White-Collar Grand Larceny
Embezzlement, employee theft, and contractor-fraud cases are typically charged as grand larceny. They turn on contract interpretation, the relationship between the parties, the timing of misrepresentations, and forensic-accounting analysis. The defense is built around the record, not the narrative.
If you have been charged with grand larceny in New York, call us at 212-233-1233 or email email@goodwindefense.com.