Grand Larceny Sentencing Guidelines

The New York Grand Larceny lawyers and Embezzlement attorneys at Saland Law have vast experience defending those accused of theft and larceny crimes. In fact, our founding partners are not only respected criminal defense counsel, but also served as Manhattan prosecutors where they honed their skills in the trenches of criminal and felony courts spearheading investigations into a wide variety of White Collar schemes. It is this experience and training that we have relied upon and utilized to secure the best results we believe we can in each of our clients’ cases. No matter the accusation or arrest – New York City, Westchester, Rockland, Putnam or Dutchess – knowing the law and theft sentencing guidelines are essential pieces in achieving the outcome our clients need and to minimize potential punishment, sentences and collateral consequences of their arrest.

As noted above, when defending any type or degree of Grand Larceny, Embezzlement, Extortion, Tax Fraud, or any theft crime in the New York City region, having a firm grasp on what we believe is the strongest and most formidable defense and the potential sentences associated with a conviction are critical. Because our success in avoiding a prosecution in a multimillion-dollar fraud investigation for one client or obtaining a dismissal of an accusation for stealing tens of thousands of dollars by another client is by no means a guarantee of a similar result in any case, always keep the following guideline in mind and be prepared to discuss these possible sentences and sanctions with your legal counsel.

A class "E" felony, NY Penal Law 155.30 is punishable by no mandatory minimum term of prison, but a maximum term of one and one third to four years. If you are a predicate felon, generally meaning you have a felony conviction within the last ten years, the mandatory minimum term of prison is one and one half to three years in prison while the maximum is two to four years in state prison.

It is worth noting that a judge can sentence a first-time offender to "city" or "county" time in a local jail such as Rikers Island or the Westchester County Jail. This term of jail for a non-predicate felon can be up to one year. Moreover, you can be sentenced to a "split" whereby you serve up to six months in a local jail followed by five years probation. A court can also sentence a first-time offender or non-predicate felon to a straight term of five years in probation, a conditional discharge or something involving no supervision at all. In the best scenario, a misdemeanor, violation or dismissal can be achieved pre or post-indictment.

A class "D" felony, NY Penal Law 155.35 is punishable by up to two and one third to seven years in state prison. Again, there is no mandatory minimum for the first-time offender or non-predicate felon. Those who are predicate felons face a minimum of two to four years in state prison and a maximum of three and one half to seven years in a state facility.

A conviction for this crime is also punishable with a conditional discharge, straight probation, a "split" or "city time" if you are not a predicate felon. Moreover, while it is more difficult to secure a non-felony deal post-indictment, misdemeanors, violations and other non-criminal dispositions can potentially be achieved pre-indictment. Obviously, the sooner you ascertain and implement your defense, the better off you will be.

A class "C" felony, NY Penal Law 155.40 is punishable by up to five to fifteen years in custody. First time offenders and non-predicate felons face no mandatory minimum sentence. A predicate felon faces a minimum of three to six years and a maximum of seven and one half to fifteen years in state prison.

Just as the lower two degree crimes, first time offenders and non-predicate felons can be sentenced to only probation or a conditional discharge but a one year or less jail sentence in a county or city jail is not allowed by law. Moreover, the same potential opportunity for a non-felony agreement is possible pre-indictment while the same cannot be said with confidence after a Grand Jury has voted the same.

A class "B" felony, NY Penal Law 155.42 is by far and away the most serious theft or larceny related crime that you can face. Regardless of whether or not you are a first-time offender, or you have a long rap sheet, there is always a mandatory minimum term of incarceration. First time offenders and non-predicate felons face a minimum of one to three years in state prison and a maximum of eight and one third to twenty-five years in state prison. For those who are predicate felons, the minimum term is four and one half to nine years while the maximum is twelve and one half to twenty-five years in custody. Non-state prison sentences can be worked out with a plea to a lower level felony or misdemeanor offense pre-indictment.

It is crucial to understand that in theory your counsel can work out almost any type of pre-indictment disposition. Timing and advocacy on the part of your criminal defense attorney is crucial. Once a Grand Jury has indicted your case, prosecutors are limited in how far they can reduce the matter. Moreover, while the advocates at Saland Law have had tremendous results representing those accused of fraud schemes in New York City and the region, there are collateral issues that impact people differently that you must always address.

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Simply, there is more to understand and address than merely the prospect of jail. Be neither foolish nor shortsighted. Whether you are merely a target of an investigation or you face the prospect of trial, Saland Law has the experience, knowledge and advocacy you need to protect yourself today and for all the tomorrows yet to come.

Call the New York Grand Larceny lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.