New York Criminal Lawyer Blog
Sentencing for a Grand Larceny, as with most theft-related crimes, depends largely on the amount of money alleged to have been stolen by a defendant. New York Grand Larceny Charges are brought as felony criminal charges and are used to prosecute any theft over $1,000. Petit Larceny, theft under $1,000, is prosecuted as a misdemeanor offense.
The law does not outline specific sentences for the various classifications of grand larceny; rather, judges are given discretion within the limitations outlined by the statute. There are a variety of factors which will likely weigh in on a grand larceny sentencing decision; some of these such factors are:
• Prior criminal record
• Ability to pay restitution
• Family and community ties
No matter the degree, grand larceny is a serious charge that carries with it the potential for significant consequences. If you are facing grand larceny charges, Contact the larceny defense team at The Blanch Law Firm today. Your first one-hour consultation is complimentary.
The laws governing larceny will usually contain sentencing options, either a list of possible sentences or a range of years, as well as fines or other alternative sentences. Judges can determine the appropriate sentence by examining the facts of the case and choosing the best penalty that falls within the bounds of the statute.
In a larceny case, the type of larceny will also greatly influence the severity of the sentence. Grand larcenies carry much longer sentences than do petit (or “petty”) larcenies. Some states also impose different sentences based on the type of item that the defendant stole.
The Manhattan District Attorney’s Office has announced the arrest and indictment of defendant, a University administrator for an alleged ongoing theft in the neighborhood of $400,000. According to the Manhattan District Attorney’s Office, defendant was indicted by a Grand Jury for the crimes of Grand Larceny in the Second Degree, a class C felony and six counts of Falsifying Business Records in the First Degree, a class E felony. If convicted, defendant faces up to 5 to 15 years and up to 1 to 4 years in state prison on the respective charges.
As administrator for the University’s chemistry department, defendant oversaw and managed the budget and handled the financial matters for that department. In this capacity, prosecutors alleged that defendant “caused thousands of fraudulent requests for petty cash reimbursement to be submitted to the university’s Office. Defendant scavenged discarded cash register receipts from a local liquor store, attached them to reimbursement request forms, and falsely claimed that the expenses were for chemistry department supply purchases and other functions. None of those receipts reflected legitimate business expenses. Carrying on his scheme for over five years, defendant fraudulently submitted over 13,000 receipts from the liquor store and stole $409,000.
It appears from the above press release that the Manhattan District Attorney’s Office has a significant portion 13,000 receipts that they allege are false (although, the indictment only reflects six charges of Falsifying Business Records). What is noteworthy is that for a conviction of the felony “version” of Falsifying Business Records, the prosecution does not need to necessarily prove that a defendant made a false entry in the business records of an enterprise, here NYU, but that he or she caused a false entry to be made. To prove the Grand Larceny charge, the more serious offense, prosecutors must establish that he took property without permission, here the money, in excess of $50,000.
Without knowing all the facts, certain questions that may arise include whether or not defendant made the initial request for the reimbursements. Are there records reflecting what, if anything, defendant did with the monies after he received it? Moreover, did the District Attorney’s Office subpoena his bank records and do they reflect significant balance increases or, in the alternative, a build-up of funds and limited withdrawals? The above questions are relatively superficial, but ones that are at least a starting point for defendant, or any individual accused of such a crime, to address with his attorney as they implement their defense.
Grand larceny is a serious crime that needs the assistance of a legal person, seek the help of a New York Criminal Attorney and New York Grand Larceny Attorney at Stephen Bilkis and Associates. Call us now.