Here is the law for GL in the 4th Degree - it states that there is an exception to the 1000 value and they include credit card or debit card theft and use, etc See the BOLDED number 4. That would be why.
§ 155.30 Grand Larceny in the fourth degree. A person is guilty of grand larceny in the fourth degree when he steals property and when: 1. The value of the property exceeds one thousand dollars; or 2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or 3. The property consists of secret scientific material; or 4. The property consists of a credit card or debit card; or 5. The property, regardless of its nature and value, is taken from the person of another; or 6. The property, regardless of its nature and value, is obtained by extortion; or 7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or 8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or 9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law. 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service. 11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine. Grand larceny in the fourth degree is a class E felony.
Best to you,
Yes, the charges would still apply - but she will be able to use that as her defense, of course - and she could contact the prosecutor's office and explain to them and see if they will dismiss the charges - I dont know if they will, but it's worth a try - I take it this was a debit card? Because if it was a credit card, did she sign her name? that will show on the receipts.
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