Aggregated Grand Larceny of Retail Property Pursuant to a Common Scheme

Whether by way of traditional physical stealing or embezzlement, criminal lawyers more often than not find themselves representing clients arrested for one of New York’s Grand Larceny offenses – Penal Law 155.30, 155.35. 155.40 and 155.42 – in the context of a single victim, person or business. Though one store, bank or individual could be the target of just a single theft or many more, no matter how many times you allegedly steal from that person or company, prosecutors can aggregate the values of what was taken to raise the level of the crime. Unbeknownst to most, however, the NYPD, or any other police agency in the state, can also arrest you for a singular and higher-level felony by adding up multiple thefts of retail goods or merchandise from different businesses or parties too. These aggregated criminal retail and merchandise larcenies include:

• Fourth Degree Grand Larceny: NY Penal Law 155.30(12)
• Third Degree Grand Larceny: NY Penal Law 155.35(3)
• Second Degree Grand Larceny: NY Penal Law 155.40(3)
• First Degree Grand Larceny: NY Penal Law 155.42

Assuming these distinct offenses perpetrated against different complainants are part of a common plan, in lieu of charging you with multiple lesser misdemeanors or felonies for each business or store, for example, District Attorneys can present your case to a Grand Jury as one enhanced crime. In other words, when the dollars are all added together from each complainant, prosecutors can seek an indictment to a higher degree of the Grand Larceny and, along with it, hold the potential for far greater incarceration and collateral consequences over your head.

Grand Larceny of Retail Property and Merchandise Theft: Crime and Elements

Setting aside the aggregate dollar amount for now, you are guilty of aggregated retail and merchandise Grand Larceny if, as part of a common scheme, you steal those retail goods or the merchandise and the collective total value of the stolen property, even if from multiple sources and owners, exceeds $1,000, $3,000, $50,000 or $1 million dollars. Assuming you have met these financial thresholds, the crimes you face are Fourth Degree Grand Larceny, Penal Law 155.30(12), Third Degree Grand Larceny, Penal Law 155.35(3), Second Degree Grand Larceny, Penal Law 155.40(3), and First Degree Grand Larceny, Penal Law 155.42.

Grand Larceny of Retail Property and Merchandise Theft: Penalties and Punishment

No different than other Grand Larceny offenses, and assuming you are not a predicate felon, a first time offender faces as follows:

• Penal Law 155.30(12): Up to one and one third to four years prison
• Penal Law 155.35(3): Up to two and one third to seven years prison
• Penal Law 155.40(3): Up to five to fifteen years in prison
• Penal Law 155.42: Up to eight and one third to 25 years in prison with a mandatory minimum of one and one third to four years incarceration

Regardless of the potential sentence of imprisonment, a conviction very well could be a Crime Involving Moral Turpitude (CIMT) crippling your immigration status and undoubtedly will compromise, if not irrevocably damage, professional certifications and licenses.

Grand Larceny of Retail Property and Merchandise Theft: Example and Hypothetical

You are part of a fencing operation that steals clothing from boutiques and national department stores. You, along with a five-person crew, set out once a week to hit your stores and walk out with expensive garments, shoes, and other items. Sometimes you even “smash and grab” jewelry when you get the chance. While you may have only stolen $900 from one store and $2,0000 from three other stores, as part of your efforts to steal property and resell it on the black market you also made out with $25,000 worth of items from two additional establishments.

Setting aside what felony degree of Criminal Possession of Stolen Property prosecutors may be able to charge you with if they actually found all the property and linked it back to you, instead of facing one misdemeanor of Petit Larceny for the $900 theft, two separate charges of Fourth Degree Larceny for the $2,000.00 thefts, and two distinct charges of Third Degree Grand Larceny for each $25,0000 theft, your alleged and aggregated $54,900 illegal windfall across multiple victims would lead to a single charge of Second Degree Grand Larceny and with it a far greater potential prison sentence.

Grand Larceny of Retail Property and Merchandise Theft: Your Case and Your Defense

Prior to the 2024 enactment of these new subdivisions of Grand Larceny, aggregating theft crimes from different complainants was fairly nonexistent. Yes, prosecutors would pursue criminal charges against an accused for felony counts of Criminal Possession of Stolen Property combining values from different victims, but now the actual illegal taking is fair game too. However, merely because New York’s criminal code allows prosecutors to pursue these felony crimes doesn’t mean that they can. Does the evidence establish the retail nature of the crime and how do prosecutors intend on proving that when you purportedly stole, your actions were part of some greater scheme or plan? Even if they can, can your attorney challenge their valuation or whether you were acting in concert with others who might have actually done the stealing? Did you make any incriminating statements that your lawyer can suppress? Is there a search warrant that turned up merchandise from other stores or businesses and, once again, how is this tied back to you?

So many questions for you and your attorney to ask and issues to pursue, your defense may be one of complete exoneration or one that either mitigates or limits your criminal exposure, but one thing is certain: when it comes to your life and liberty, there is no substitute for experience, knowledge and advocacy. Whether you are a target of an investigation into any larceny or related offense or you have already been indicted, Jeremy Saland, a criminal defense attorney and former Manhattan prosecutor, is ready and able to put you in the best place to protect yourself today and far beyond tomorrow.

Saland Law is a criminal defense firm representing clients in the New York City area, Hudson Valley, and elsewhere in the State of New York. To learn more about the crimes referenced here, follow the links above.

Call the retail theft lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.