When a Simple Petit Larceny or Petty Theft Becomes a Felony Grand Larceny in New York: Grand Larceny in the Fourth Degree - NY Penal Law 155.30(5)
In New York, a misdemeanor theft or larceny can easily be enhanced to a felony in certain circumstances. In fact, pursuant to New York Penal Law Section 155.30(5), Grand Larceny in the Fourth Degree, it is a felony punishable by up to four years in state prison if you perpetrate the crime commonly known as "Grand Larceny from the Person."
Pursuant to New York Penal Law Section 155.30(5), Grand Larceny in the Fourth Degree:
A person is guilty of this Grand Larceny in the Fourth Degree when he or she steals property and that property, regardless of its nature and value, is taken from the person of another.
To be clear, if you take a one dollar bill or a ten thousand dollar ring, and you take that property from another's person, you have likely committed the crime of Grand Larceny in the Fourth Degree. Although your actions may increase to Robbery if force or violence was used or to a higher level of Grand Larceny based on the value of the property, the mere taking of a property (for example, from a person's hand or pocket) automatically makes the crime a felony.
It is important to note that your theft need not be from another's hand, pocket, wrist, etc. In fact, prosecutors often charge this crime where a person's bag, backpack or purse is stolen even if the victim is not wearing that purse. Pursuant to People v. Haynes, 91 N.Y.2d 966 (1998), if a person is touching a bag, purse or backpack and a defendant takes that property, then this crime has likely been committed. A little vague, a better way to look at this hypothetical is that if a person is sitting on the strap of their bag or leaning against it as it is hanging over the chair, a defendant can be charged with this crime if they take the bag away as the strap is pulled from underneath or on top of the victim. It is important to note that the taking need not be violent or forceful. In fact, the vicimt might not know of the theft as the item is pulled away.
Obviously, whether or not one has committed the crime of Grand Larceny in the 4th Degree pursuant to New York Penal Law 155.30(5) hinges on the circumstances of the case. While not a substitute for legal analysis on a specific set of facts, the above description should give you a general understanding of the law.
Crotty Saland, LLP is a New York based criminal defense firm founded by former Manhattan prosecutors.
Comments
I was under a subway in Brookly, NY. I put my Ipod touch on the stair for a few seconds because I was trying to apply the screen protector on. The guy grabbed it and ran. I was able to chase after him. He tossed the Ipod so it wasn't on him. Nevertheless he was arrested. I got a letter from DA today saying that he was charged with Petit Larceny.
I searched Google and found your post. As far as I understand, petit larceny is mostly apply for shop-lifting, and most most shop-lifters wouldn't dare to grab other people and run in daylight. I feel that this charge is more appropriate after reading your post. The guy need to know how serious of the crime he had committed.
What do you think about this case? Should I agree with DA for 155.25 and 165.40 or should it become 155.30? Thank you!
Posted by: Nam Nguyen | February 12, 2010 3:46 PM
Your question is a good one. First, it is important to read the statute and apply it to your facts. My reading of the incident is that you put down the Ipod and the man grabbed it and ran. He did not remove it from your hand, use force or take it from your "person." You were not touching it in any way. Therefore, since it was not taken from your "person," it is not a Grand Larceny pursuant to this statute. Moreover, it is not a Robbery because, among many reasons, force was not used when he took it from you.
Ultimately, the decision about how a case should be prosecuted, along with what offense(s), is the sole domain of the prosecutor. For better or worse, you, the victim, do not make that decision whether you agree or not. Moreover, don't be mistaken about the severity of this crime. While a Petit Larceny, 155.25, is known as the "shoplifting statute," it applies to all thefts that do not rise to the felony level.
Here is something to chew on...if the Ipod is worth $100 (making up a number) and you have 901 songs downloaded at $1 a piece, is the total value of the Ipod then $1001 (the Ipod plus the songs)? If it is, even if this felony does not apply, would Grand Larceny in the Fourth Degree be applicable because the value of the property exceeds $1,000? Ah...interesting!!!! Good luck with your case!
Posted by: Jeremy Saland | February 13, 2010 1:11 AM
In your own quote "It is important to note that your theft need not be from another's hand, pocket, wrist, etc. In fact, prosecutors often charge this crime where a person's bag, backpack or purse is stolen even if the victim is not wearing that purse"
That's the reason I brought up the question of 155.30 even though I'm well aware that he did not take the Ipod from my hand.
However, as you said, the crime is solely a domain of prosecutor, not the victim (I didn't know that before until now) so I guess I have to rest my case.
Thank you again for an insightful reply!
Posted by: Nam Nguyen | February 15, 2010 1:17 PM