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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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A friend of mine is being charged with grand larceny ...

Customer Question

A friend of mine is being charged with grand larceny on the grounds she alledgedly charged a total of $100.00. Isn''t Grand Larceny theft of $1000.00 or more by value? What could possibly be the reason of this charge?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear XXXXXe2008

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,

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Relist: I still need help.
My friend found the card w/o a wallet lying on a table under an eye glass case with no glasses in it. Waited for about an hour1/2 to see if the owner would've returned. The owner didn't return. My friend then try to turn the card into security. The time then approx. 6pm. All classes have now ended and security wasn't present. My friend with no one to return the card to placed the card in her purse/wallet intending to attempt to return it the next day. On her way home she realize she had to purchase items for school, work, and home for her kids. She stopped at three stores for all three different purchases For each she use the same card but one problem rushing do this plus get home in time the card used was the card to be returned. My friend's personal card is similar to the card because it's from the same bank,look. My friend upon attempting to make a return of one the items purchased a week later realized her mistake when the store clerk pointed out a different card was used. Immediatly my friend then went to the bank to payback the charges as well return the card. Under these circumstanses is the Grand Larceny charge still applicable?
Expert:  Michelle replied 6 years ago.

Dear XXXXXe2008

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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