P.L. 155.30 Grand Larceny Penalties for First Time Offenders - New York

If you've been convicted of Grand Larceny in the 4th Degree, in addition to a permanent felony conviction, you face the following sentencing possibilities. If you're a predicate felon, the penalties are more sever and are not reflected below.

• State Prison having a maximum term of not less than 3 years and not more than 4 years, and a minimum term of not less than 1 year and not more than one-third of the maximum term. Penal Law 70.00. Thus, the least such sentence is 1 to 3 years, and the greatest such sentence is 1 and one-third to 4 years.

• Jail (Riker's Island) up to 1 year, if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence. Penal Law 60.01(3)(a) and 70.00(4).

• Intermittent Jail. This is alternating periods of jail and release. Penal Law 60.01(2)(a)(ii) and 85.00.

• Asplit sentence including both jail and up to 5 years of probation. The jail portion of the sentence may be either a definite sentence of imprisonment of up to 6 months, or intermittent jail of up to 4 months. Penal Law 60.01(2)(d), 65.00(3)(a)(i).

• Probation for 3, 4, or 5 years IF the court makes a special finding that jail is not necessary for the protection of the public, and the defendant is in need of guidance, training or other assistance which, in his case, can be administered through supervision by the department of probation, and (iii) such disposition is not inconsistent with the ends of justice. Penal Law 60.01(2)(a)(i) and 65.00. Interim probation supervision is also a possibility see CPL § 390.30(6)

• Interim Probation is for one year, but may be extended for an additional year if defendant agrees and participates in a treatment program. CPL § 390.30(6).

• A conditional discharge for 3 years, if the Court having regard to the facts and circumstances of your case, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate. A conditional discharge is a relatively light penalty because there is no jail and no probation however the court will have to make a special exception to do this in anyone's case. Penal Law 60.01(2)(a)(i) and 65.05. An unconditional discharge is also possible. The difference between a conditional discharge and unconditional discharge is whether the court is imposing any conditions on you during a certain defined period of time. Penal Law 60.01(3)(d) and 65.20(1).

• A fine of up to 5,000 dollars or double your gain from the crime may be imposed by itself or in addition to imprisonment, probation, or the other penalties described above. Penal Law 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.00. Mandatory surcharges and restitution also apply.

If you or a loved one has been charged with Grand Larceny in the 4th Degree in New York, contact the Law Offices of Lance Fletcher for a Evaluation evaluation.