Grand Larceny in the Fourth Degree – NYPL § 155.30

Grand Larceny in the Fourth Degree - NY Penal Law 155.30

If you’ve been charged with Fourth Degree Grand Larceny under New York Penal Law 155.30, you’re facing serious felony charges that could result in prison time, substantial fines, and a permanent criminal record. At Lebedin Kofman LLP, our experienced New York criminal defense attorneys understand what’s at stake and are ready to fight aggressively to protect your rights and your future.

Understanding Fourth Degree Grand Larceny in New York

Fourth Degree Grand Larceny is one of the most commonly prosecuted felony theft offenses in New York City. Under New York Penal Law Section 155.30, a person is guilty of this crime when they steal property under specific circumstances.

The prosecution must prove two essential elements beyond a reasonable doubt: first, that you unlawfully took, obtained, or withheld property from its rightful owner, and second, that you did so with the intention to permanently deprive the owner of their property interest.

When Does Theft Become
Fourth Degree Grand Larceny?

New York Penal Law 155.30 defines multiple scenarios where theft becomes Fourth Degree Grand Larceny. Understanding these distinctions is critical to mounting an effective defense.

Value-Based Charges

The most common basis for Fourth Degree Grand Larceny charges involves the value of stolen property. You can be charged when the property’s value exceeds $1,000 but does not exceed $3,000. This threshold distinguishes Fourth Degree Grand Larceny from Petit Larceny (property valued under $1,000) and Third Degree Grand Larceny (property valued over $3,000).

The value of property is determined by its market value at the time and place of the theft, or if that cannot be determined, by its replacement cost. This valuation can be crucial to your defense, if the property’s actual value falls below $1,000, the charges may be reduced to a misdemeanor.

Type-of-Property Charges

Even when property is valued at less than $1,000, you can still face Fourth Degree Grand Larceny charges if the property falls into specific categories:

Credit or Debit Cards: Stealing any credit or debit card automatically elevates the charge to a felony, regardless of the card’s value or whether you intended to steal it specifically. If you take a wallet or bag containing credit cards, even if you were unaware they were inside, you can be charged with Fourth Degree Grand Larceny for each card.
Property Taken from a Person:When property is taken directly from someone’s body, through pickpocketing, purse snatching, or similar means, it becomes Fourth Degree Grand Larceny regardless of value.
Public Records: Stealing public records, writings, or instruments kept by public offices or public servants constitutes Fourth Degree Grand Larceny.
Firearms: Taking any firearm, rifle, or shotgun automatically results in felony charges under this statute.
Motor Vehicles: Stealing a motor vehicle (other than a motorcycle) valued at more than $100 qualifies as Fourth Degree Grand Larceny.
Religious Items: Taking religious vestments, scrolls, vessels, or other items used in religious worship that are valued at least $100 constitutes this offense.
Secret Scientific Material: Theft of secret scientific material falls under this statute.
Property Obtained by Extortion: When property of any value is obtained by extortion, it becomes Fourth Degree Grand Larceny.
Telecommunications Access Devices: Stealing access devices intended for unlawful use to obtain telephone service is covered by this law.
Materials for Drug Manufacturing: Taking anhydrous ammonia or liquefied ammonia gas with intent to manufacture methamphetamine constitutes Fourth Degree Grand Larceny.

Common Examples of Fourth Degree Grand Larceny

Retail Theft and Shoplifting: One of the most frequent scenarios involves high-end shoplifting from department stores like Bloomingdales, Saks Fifth Avenue, or other luxury retailers. When someone steals expensive clothing, electronics, jewelry, or other merchandise valued over $1,000, they face felony charges.
Employee Embezzlement: Taking money or property from an employer, whether through falsifying records, stealing cash, or misappropriating company assets, can result in Fourth Degree Grand Larceny charges when the amount exceeds $1,000.
Credit Card Fraud: Using stolen credit cards, possessing stolen cards, or stealing physical cards from wallets or purses are common bases for these charges. Even if you steal a bag worth only $50 but it contains credit cards you didn’t know about, you can face felony charges for each card.
Smartphone and Electronics Theft: With high-end smartphones and tablets often exceeding $1,000 in value, stealing these devices frequently results in Fourth Degree Grand Larceny charges.

Penalties for Fourth Degree Grand Larceny

Fourth Degree Grand Larceny is classified as a Class E felony under New York law. The potential consequences are severe and life-altering.

Prison and Jail Time – For first-time offenders, there is no mandatory minimum prison sentence, but you face up to four years in state prison. The court may impose a sentence ranging from one to three years at minimum, up to one and one-third to four years at maximum.

If you are a predicate felon, meaning you have a prior felony conviction within the last 10 years, you face a mandatory minimum sentence of 1.5 to 3 years and a maximum of 2 to 4 years in state prison.

Alternatively, the court may sentence you to up to one year in jail (such as Rikers Island), intermittent jail time, or a split sentence combining jail time with probation.

Probation – For first-time offenders, the court may impose probation for 3, 4, or 5 years instead of jail or prison time. This requires the court to make special findings that jail is not necessary for public protection and that you would benefit from probation supervision.
Conditional or Unconditional Discharge – In limited circumstances, the court may impose a conditional discharge for three years if it determines that neither imprisonment nor probation supervision is appropriate. An unconditional discharge is also possible, though rare.
Fines and Restitution – You may be ordered to pay fines of up to $5,000 or double the value of the property you gained from the crime. Mandatory surcharges also apply.

Restitution to the victim is almost always a component of any negotiated plea or sentence. The court will hold a restitution hearing if there is disagreement about the amount owed. Making restitution before trial or sentencing can significantly improve your case outcome.
Permanent Felony Record – A conviction for Fourth Degree Grand Larceny results in a permanent felony conviction on your criminal record. This record can have devastating collateral consequences that extend far beyond your sentence.

Collateral Consequences of a Conviction

The impact of a Fourth Degree Grand Larceny conviction extends well beyond imprisonment and fines. As a crime of dishonesty, this conviction can follow you for the rest of your life.

Employment Consequences – A felony theft conviction can make it extremely difficult to find employment. Many employers conduct background checks, and a conviction for a crime involving dishonesty raises serious concerns about trustworthiness. Licensed professionals, including doctors, lawyers, accountants, traders, and teachers, may face disciplinary actions, license suspension, or permanent loss of their professional licenses.
Immigration Consequence-
For non-citizens, a grand larceny conviction can trigger deportation proceedings, denial of naturalization applications, or inadmissibility for future immigration benefits. These immigration consequences can be more severe than the criminal penalties themselves.
Housing and Education – A felony conviction can limit your ability to secure housing, as many landlords and housing authorities conduct criminal background checks. Educational institutions may deny admission or financial aid based on a criminal record.
Loss of Rights – A felony conviction can result in loss of voting rights while incarcerated and loss of the right to possess firearms.

The Arrest and Arraignment Process

Understanding what happens after an arrest can help you make informed decisions and protect your rights.

Desk Appearance Tickets

As of 2020, many Fourth Degree Grand Larceny arrests in New York City result in a Desk Appearance Ticket (DAT) rather than being held in custody pending arraignment. While this may seem less serious, don’t be fooled, a DAT for Fourth Degree Grand Larceny is still a felony charge requiring immediate legal attention.

Arraignment

Arraignment is your first court appearance, typically occurring within 24 hours of arrest. During arraignment, several critical events take place:

The charges are read to you (though your attorney will typically waive formal reading and receive a copy of the criminal complaint). You will enter a plea, almost always “not guilty” at this early stage. For felony charges, you cannot legally enter a guilty plea at arraignment in criminal court.

The prosecutor and your defense attorney will present arguments regarding bail. The judge will then decide whether to release you on your own recognizance, set bail conditions, or remand you to custody. New York’s bail reform laws significantly limit when bail can be set for many offenses.

You will receive notices about any statements you allegedly made to law enforcement and any witness identifications.

The court will schedule your next appearance for hearings, motions, or trial preparation.

The Grand Jury Process

For felony charges, you must make important decisions at arraignment regarding the grand jury process. These decisions can have far-reaching impacts on your case, making it essential to have experienced legal representation from the very beginning.

Defense Strategies for Fourth Degree Grand Larceny

At Lebedin Kofman LLP, our criminal defense attorneys employ comprehensive strategies tailored to the unique circumstances of your case. We never take a one-size-fits-all approach.

Challenging Property Value – One of the most effective defenses involves challenging the valuation of the allegedly stolen property. If the property’s actual value is less than $1,000, the charge should be reduced from a felony to misdemeanor Petit Larceny. We thoroughly investigate and challenge the prosecution’s valuation through expert testimony and market analysis.
Lack of Intent – The prosecution must prove you intended to permanently deprive the owner of the property. We can argue that you genuinely believed the property was yours, that you had a claim of right to the property, or that you intended to return it. This lack of criminal intent can defeat the charges entirely.
Consent Defense – If the property owner gave you permission or consent to take the property, there is no crime. We gather evidence demonstrating that you had authorization to possess or use the property in question.
Challenging Evidence – We scrutinize every piece of evidence the prosecution presents. If police violated your constitutional rights through illegal searches or seizures, we file motions to suppress that evidence. When evidence is obtained illegally and subsequently suppressed, the prosecution’s case may collapse entirely.
Witness Credibility – Many larceny cases rely on witness testimony. We aggressively cross-examine witnesses to expose contradictions, biases, or motives to lie. When witness credibility crumbles, your chances of reduced charges or complete dismissal improve significantly.
Entrapment – In rare circumstances, law enforcement may have induced you to commit the theft when you otherwise would not have done so. We present entrapment as a defense when applicable, potentially resulting in dismissal of charges.
Mistaken Identity – In cases involving surveillance footage or witness identifications, we challenge whether you were actually the person who committed the theft. Eyewitness identifications are notoriously unreliable, and surveillance images can be unclear or ambiguous.

Negotiating Favorable Outcomes

While our first priority is always to get your charges dismissed or obtain an acquittal, we also recognize that negotiating a favorable plea agreement may sometimes be your best option.

Charge Reduction – Even when you’re charged with felony Fourth Degree Grand Larceny, an experienced defense attorney can often negotiate a reduction to misdemeanor Petit Larceny. This reduction eliminates the possibility of prison time and avoids a permanent felony conviction on your record.

In some cases, we negotiate further reductions to Disorderly Conduct (a violation, not a crime) or even secure an Adjournment in Contemplation of Dismissal (ACD), which results in complete dismissal of charges if you stay out of trouble for a specified period.
Alternative Sentencing –
For first-time offenders, we pursue alternatives to incarceration, including probation, community service, fines, and conditional discharges. These alternatives allow you to avoid jail or prison time while satisfying the court’s requirements.
Restitution Negotiations –
When restitution is required, we challenge excessive or unsupported amounts claimed by prosecutors. We protect your rights by ensuring the restitution amount is based on actual evidence rather than inflated estimates.

Record Sealing Options

Even if you are convicted of Fourth Degree Grand Larceny, New York law may allow you to have your conviction sealed after a waiting period.

Under New York Criminal Procedure Law 160.59, you can apply to have eligible convictions sealed, including Fourth Degree Grand Larceny, after 10 years have passed since sentencing. During that 10-year period, you cannot have any additional convictions, arrests, or pending charges.

Once sealed, your conviction will not appear on most criminal background checks for employment or housing. While the conviction still exists in law enforcement records, most public and private employers cannot ask about sealed convictions or hold them against you.

However, sealing is not automatic, it requires filing an application with the court where you were convicted, and the judge has discretion to grant or deny your request. The District Attorney and the victim have the opportunity to object, and the court must hold a hearing before making a decision.

Why You Need Experienced Legal Representation

Facing Fourth Degree Grand Larceny charges is frightening and overwhelming. The criminal justice system is complex, and the stakes couldn’t be higher. Having skilled legal representation from the very beginning can make the difference between a devastating conviction and a favorable resolution.

Immediate Action is Critical

The decisions you make immediately after arrest, including what you say to police and how you proceed through arraignment, can have profound impacts on your case. Consulting with an experienced criminal defense attorney before your arraignment allows you to make informed decisions about the grand jury process and other critical early matters.

Protecting Your Constitutional Rights

You have the right to remain silent and to have legal counsel speak on your behalf. Law enforcement and prosecutors will use everything at their disposal to convict you, including anything you say. Our attorneys ensure your rights are protected throughout each step of the process.

Experience Matters

At Lebedin Kofman LLP, our attorneys have decades of combined experience representing clients and winning cases. We understand federal and state criminal laws, know how the criminal justice system works in New York City, and make full use of all options available to secure the best possible outcome for you.

We treat each client and case as unique, developing defense strategies tailored to your specific circumstances. Whether your case involves challenging evidence, negotiating plea agreements, or taking the case to trial, we have the knowledge and skills to fight effectively for you.

Accessibility and Communication

Throughout this difficult time, we are here for you. We respond promptly to your phone calls and emails so you always know what is going on with your case. You gain one-on-one access to our knowledgeable Grand Larceny lawyers and an entire team of legal professionals working on your behalf. Our attorneys are available 24/7, so you can trust us to be there when you need us most.

Track Record of Success

We have successfully assisted thousands of clients facing serious criminal charges throughout our careers. Our firm is well known throughout the community for its effectiveness and legal capabilities. We invite you to browse through our stellar reviews and outstanding case results.

Take Action Now to Protect Your Future

If you or a family member is facing Fourth Degree Grand Larceny charges in New York City, one of the most important decisions you can make is to contact a skilled and knowledgeable criminal defense lawyer who will take the time to listen and provide guidance you can trust.

At Lebedin Kofman LLP, we help you understand your potential consequences and your options, and we guide you in making well-informed decisions concerning your future. We fight relentlessly for the results you need, whether that means getting your charges dismissed, reducing your charges to a misdemeanor, or securing alternative sentencing that keeps you out of prison.

A criminal conviction can follow you for the rest of your life and affect all future decisions you make, from your employment to where you can live. Don’t waste time anxiously searching online, you can be on the phone with an attorney who will lay everything out for you in minutes.

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