If being accused of a New York felony isn’t scary enough, being arrested for a felony crime where your immigration status stands in the balance certainly is. A Crotty Saland PC client accused of stealing more than $100,000 and attempting to steal an additional $275,000 from a client of the bank he managed, faced such fears. Fortunately for our client, however, despite being arrested for Attempted Grand Larceny in the Second Degree (New York Penal Law 110/155.40) and accused of Grand Larceny in the Second Degree (New York Penal Law 155.40), our client ultimately resolved his arrests with a misdemeanor plea to Petit Larceny (New York Penal Law 155.25). A misdemeanor, our client received the equivalent of “time served.” Throughout the entire process since our client’s arrest, prosecutors offered or recommended felony pleas that included as much as six years in prison. If convicted, our client faced an even greater sentence.
Before continuing, and by way of background, a person is guilty of Second Degree Grand Larceny (NY PL 155.40) if and when that person steals property (money, for example) and the value of the property is greater than $50,000, but does not exceed $1,000,000. Obviously, an Attempted Second Degree Grand Larceny (NY PL 110/155.40) is an attempt to commit this crime. A completed Grand Larceny in the Second Degree carries a punishment and sentence of up to five to fifteen years in prison for a first time offender while an attempt to commit that crime carries a sentence of up to two and one third to seven years in prison.
Despite the serious nature of these allegations, the New York criminal lawyers and former Manhattan Assistant District Attorneys at Crotty Saland PC were able to negotiate a very favorable resolution and plea to an otherwise ugly case. After all, at first glance, a banker accused of stealing large sums of money from a client would likely not receive the benefit of the doubt or sympathy from a judge or jury. When evidence corroborated that our client withdrew currency and was named as the payee to a $200,000.00 check (it was alleged another person was a payee on the second $75,000 check), the evidence appeared compelling on its face.
Getting prosecutors to back down from a felony plea and two to six years, to a felony plea and less than one year and ultimately to a misdemeanor plea without restitution or further incarceration was no easy task. Fortunately for our client, and anyone arrested for a crime, the burden of proof beyond a reasonable doubt always remains in the hands of the prosecutor. Here, unique factors and evidence greatly favored our client’s innocence and/or inhibited the ability of prosecutors to prove the case. As unsympathetic as our client may have been due to the accusations, despite what we may see in the media, an arrest in no way is proof of guilt.
To learn more about Grand Larceny and its various degrees as well as the “sister” crime of Criminal Possession of Stolen Property, follow the links above or go directly to the websites listed below. Further reading on the NewYorkCriminalLawyerBlog.Com and NewYorkTheftAndLarcenyLawyersBlog.Com will reveal an abundant amount of materials on criminal statutes, legal decisions and case results. Often time, arming oneself with information is the best defense to any theft or larceny arrest in New York.
Crotty Saland PC is a New York criminal defense firm dedicated to defendant clients in all criminal matters including theft and larceny crimes. The New York criminal defense attorneys represent clients in all stages of criminal investigations, arrests, indictment and trials throughout the New York City area.