NYC Grand Larceny 4th Degree Defense | NY Penal Law 155.30 Felony Theft Lawyers

NYC Grand Larceny 4th Degree Defense | NY Penal Law 155.30 Felony Theft Lawyers

So your probably freaking out right now because that $1001 purchase you disputed turned into a FELONY charge. Maybe someone pickpocketed $30 from you so you grabbed there wallet back. Maybe you used a credit card that wasn’t yours. Or maybe the store claims those items were worth just over $1000 to make it a felony! Look, we get it. Your TERRIFIED because grand larceny sounds like your a master criminal when really it was a stupid mistake! And you should be scared! Because NY Penal Law §155.30 turns regular theft into a felony that means PRISON TIME!

What Makes Something Grand Larceny 4th Degree?

Fourth degree grand larceny happens three main ways, and they’re all designed to trap regular people into felony charges. First, stealing property worth over $1000. Second, taking ANY credit or debit card. Third, taking ANYTHING directly from someone’s person. That’s it – your now a felon!

The $1000 threshold is INSANE. At $999, its petit larceny – a misdemeanor. At $1001, its grand larceny – a FELONY. Two dollars difference between keeping your life and destroying it forever! Prosecutors will literally argue about receipts and valuations to push it over $1000!

But here’s what’s worse – credit card theft is automatic felony regardless of value. Find a credit card on the ground and pick it up? Felony. Use your ex’s credit card they left at your place? Felony. Even if you never use it, just possessing someone else’s card = grand larceny!

And pickpocketing? Doesn’t matter if its $5 or $500 – taking ANYTHING from someone’s person is fourth degree grand larceny. Grabbed $20 from someone who owed you money? Felony. Took your cheating spouse’s wallet? Felony. The amount is irrelevant!

Can You Go to Prison for Grand Larceny 4th?

YES, absolutely! This is a Class E felony which means up to FOUR YEARS in state prison. Not county jail where you might survive. State prison upstate with hardened criminals. Four years of your life gone over $1001!

First time offender with no record? You MIGHT get probation. But “might” isn’t “will”! We’ve seen first-timers get 1-2 years prison for credit card theft. 6 months for shoplifting just over $1000. Judges are unpredictable and prosecutors push for jail time to “send messages.”

But if you have ANY prior felony in the last 10 years? Your a “predicate felon” and prison is MANDATORY. Minimum 1.5 years, up to 4 years. No probation possible. No alternatives. Straight to state prison. That old drug charge from 8 years ago? Now your doing hard time!

Plus years of post-release supervision (parole). Plus restitution to the victim. Plus fines and surcharges that add up to thousands. Plus a FELONY RECORD that destroys your life forever. All for being $1 over the misdemeanor limit!

How Do They Calculate the $1000 Value?

This is where prosecutors play dirty games to turn misdemeanors into felonies. They use “retail value” not actual value. That laptop you took that’s 3 years old and worth $500? They claim original retail was $1200 – FELONY!

They aggregate multiple thefts too. Stole $600 one day and $500 another day? They combine them for $1100 – FELONY! Even if the thefts were completely separate incidents weeks apart. They’ll dig through store records to find anything to push you over $1000.

Store loss prevention inflates values constantly. That jacket on clearance for $50? They claim regular price was $150. Those sneakers that sell for $80 online? Store says there worth $200. They literally make up numbers to create felonies!

We’ve seen cases where prosecutors included tax in the value to hit $1000. Item was $950, plus tax equals $1025 – FELONY! They include shipping costs, handling fees, anything to push that number over the threshold. Its completely unfair but judges allow it!

What About Credit Card Theft Charges?

Credit card theft under 155.30 is the prosecutor’s favorite tool because value doesn’t matter. Found a credit card and kept it? Grand larceny. Used your roommate’s card for pizza? Grand larceny. Your name isn’t on the card? Automatic felony!

It doesn’t matter if the card was expired. Doesn’t matter if it had zero balance. Doesn’t matter if you never used it. Mere possession of someone else’s credit or debit card = fourth degree grand larceny. The law is insanely broad!

They also charge “per card” – if you had three of someone’s cards, that’s three separate felonies! We’ve seen people facing decades in prison for having there ex’s wallet with multiple cards, even though they never used them!

And don’t think company cards are safe. Using your corporate card for personal expenses? They’ll charge grand larceny. Kept the company card after getting fired? Felony. The company might not even want to prosecute but the DA does it anyway!

What’s Considered “From the Person” Theft?

Taking property “from the person” means pickpocketing, purse snatching, or any theft where you take something someone is carrying or wearing. This automatically makes it grand larceny regardless of value – even $1 becomes a felony!

But prosecutors stretch this definition ridiculously. Grabbed someone’s phone from there hand during an argument? Grand larceny. Took money from someone’s pocket while they were passed out drunk? Grand larceny. Your kid took another kid’s toy at school? Technically grand larceny!

We’ve seen domestic disputes where one spouse takes the other’s wallet during an argument – charged as grand larceny! Took your cheating partner’s jewelry while they were wearing it? Felony! The “from the person” rule turns normal relationship disputes into serious felonies!

The worst part? Self-defense doesn’t matter. Someone attacks you and you grab there wallet while defending yourself? Still grand larceny. They owed you money and you took it from there pocket? Felony. The context is irrelevant – the act alone is enough!

Can Grand Larceny 4th Be Reduced?

Sometimes, but it requires aggressive negotiation and leverage. If the value is barely over $1000, we can argue it was actually under. If its credit card theft, we might get criminal possession of stolen property instead. If its “from the person,” we argue it was actually abandoned property.

Prosecutors sometimes offer petit larceny pleas to avoid trial. Your still pleading guilty to theft, but misdemeanor instead of felony. Criminal record but not felon status. Still bad but survivable. They act like there doing you a huge favor!

• ACD (dismissal after 6 months) – rare for felonies but possible
• Plea to misdemeanor – petit larceny or criminal possession
• Plea to E felony with probation – still a felon but no jail
• Diversion programs – very rare for grand larceny
• Restitution agreement – pay back victim, charges reduced

The key is attacking there evidence early. Challenge valuations, chain of custody, witness credibility. Make them worry about losing at trial. Prosecutors hate losing felony cases so they’ll sometimes deal to avoid the risk.

What Are the Immigration Consequences?

Grand larceny is an “aggravated felony” AND a “crime involving moral turpitude” – double death sentence for immigration! Any non-citizen convicted faces MANDATORY deportation. No waivers, no exceptions, no consideration of family ties!

Green card holders who’ve been here 30 years? Deportation. DACA recipients? Protection revoked immediately. Student visa holders? Terminated and banned from returning. Work visa? Cancelled and barred from future visas. The immigration consequences are often worse than prison!

Even if charges get reduced to misdemeanor, immigration sees the original arrest for grand larceny. They can still use it to deny naturalization, revoke status, or initiate removal. The arrest alone triggers consequences regardless of outcome!

We’ve seen families destroyed over $1001 shoplifting cases. Parents deported from US citizen children. Spouses separated permanently. Dreams of American citizenship shattered. All because the value was $1 over the misdemeanor limit!

Will This Ruin My Life Forever?

YES! Felony conviction destroys everything, especially for theft. Every background check shows “GRAND LARCENY – FELONY THEFT.” Employers see that and trash your application immediately. Who’s gonna hire a convicted felon thief?

New York’s sealing law requires 10 years before you can even apply. That’s a decade of unemployment or minimum wage jobs. Professional licenses? Revoked or denied. Government benefits? Restricted. Student loans? Difficult or impossible.

Housing becomes a nightmare. No landlord wants felony thieves as tenants. Public housing bans felons. Section 8 has long waiting lists and restrictions. You’ll be living in dangerous neighborhoods or homeless shelters because nowhere else will take you.

Relationships are destroyed. Who wants to date a felon? Parents won’t let there kids near you. Friends distance themselves. Social isolation becomes your life. The felony label follows you everywhere, poisoning every interaction!

What Happens at Grand Larceny Arraignments?

Arraignment for grand larceny is scarier than misdemeanors. Your facing FELONY charges. The courtroom is more serious. The prosecutor acts like you robbed a bank. The judge treats you like a dangerous criminal. All over $1001 or a credit card!

Bail is way higher for felonies. Petit larceny might be ROR (release on recognizance). Grand larceny? $5,000-$10,000 cash bail easy. Can’t pay? Your sitting in Rikers with murderers and rapists waiting months for trial. The system forces plea deals through bail!

They’ll offer “deals” immediately – plead guilty to the E felony, get probation, go home today! DON’T TAKE IT! That felony conviction ruins your life forever! Fight the case properly with real lawyers, not overworked public defenders pushing pleas!

Orders of protection, travel restrictions, surrendering your passport – all standard for grand larceny. Your treated like a flight risk and danger to society. One violation of any condition? Back to jail with higher bail or remanded without bail!

Why Spodek Law Group for Grand Larceny 4th?

Most lawyers see Class E felony and immediately push plea bargains. “Take probation, avoid prison!” But we know that felony conviction destroys your future whether your in prison or not. We fight to keep you from becoming a felon!

We attack valuations down to the penny. Was it really $1001 or $999? We hire appraisers, check comparable sales, investigate depreciation. One dollar can save your entire future. We fight over every cent like your life depends on it – because it does!

We challenge aggregation of charges. Were those really one continuous crime or separate incidents? Should they be charged together or separately? We file motions to sever charges, reducing felonies to misdemeanors. Every legal technicality matters!

Most importantly, we understand that good people make mistakes. Maybe you were desperate. Maybe you were set up. Maybe it was a misunderstanding. We humanize you to judges and juries who want to see criminals, not humans!

Call us RIGHT NOW at 212-300-5196
Don’t let $1001 equal 4 years in prison!

Every day you wait strengthens there case! Store records get solidified. Witnesses get coached by prosecutors. That receipt showing lower value? Disappears. The evidence that could save you vanishes while they build there case against you!

Don’t plead guilty to “just get it over with”! That felony plea means your a convicted felon forever! Don’t let them scare you with maximum sentences – fight back! Don’t trust your life to lawyers who see you as just another case number!

Disclaimer: Prior results don’t guarantee future outcomes. Every case depends on specific facts. But we promise to fight every dollar of valuation and every element of the charge to protect you from becoming a felon.