Grand Larceny in New York
Our lawyers handle Grand Larceny and other felonies in New York courts, though we mainly focus on the greater Capital Region.
We have handled a number of grand larceny cases in our office. Most of these cases were very difficult for the prosecution. Grand larceny can be challenging to prove, depending on the circumstances of the case. Grand Larceny is a felony. Most cases are either E Felony for theft of over $1000, or D Felony for over $3000. At this writing, we have had seven Grand Larceny cases and have gotten dismissals or not-guilty verdicts, on all but one of them. In the last one, the DA had agreed to a dismissal but the judge insisted on a plea to a misdemeanor. The client accepted that against our advice.
Prior results do not guarantee a similar outcome.
We have seen two major kinds of grand larceny charge:
Grand Larceny charges against a store employee
Often called embezzlement, in grand larceny cases like this the store typically accuses the employee of stealing money. The store makes a complaint to the police, and the police do little or no investigation before arresting or otherwise charging the employee. The DA is stuck handling a case that has been poorly investigated and there is often insufficient proof to get a conviction. In many cases, and in all the ones I’ve handled, the defendant is actually innocent. Yes, I really believe this.
Contractor Grand Larceny – False Promise
Contractors sometimes get charged with grand larceny after a dispute with the customer. The contractor gets paid several thousand dollars up front, and for one reason or another the job is not completed. If the customer complains to the right people, the contractor might get charged with grand larceny. However, grand larceny in these cases is very hard to prove. The legislature requires proof “to a moral certainty” which is even higher than “beyond a reasonable doubt.” Also, they must prove that the contractor intended not to do the work when he got paid, and further that this was part of a scheme to defraud. All of this makes it very tough for the prosecution.
Our minimum fee for a grand larceny case is at least $5000 up front. Total costs can exceed $20,000.
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