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Is it Grand Larceny or Petty Larceny?

Astoria, NY |

The situation is if you steal 40 Designer's T-shirts from different owners, the value of each was indicated as 200$ for each shirt at the time of arrest (But if you look at ebay store the same T-shirts cost 18$) . So the total stoled item's value was 8000$ and the charges said Theft on the report. Most of items were returned to it's owners. Does it count like a Grand Larceny or petty larceny?

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Attorney answers 6

Posted

If you were in possession of shirts worth more than $1,000 that is criminal possession of stolen property in the 4th degree, which is a felony. I have subpoened store records to see what they paid and to see how many they sold to argue that the label price is not dispositive. It's a hard argument to make and I don't think eBay prices carry much weight. I suggest you hire a criminal defense lawyer. Avvo lawyers can't solicit you but you can call us.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

Grand Larceny...the retail value, not the lowest price you can find it for.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Posted

The District Attorney's Office will be able to make a legitimate argument that it is Grand Larceny and or Felony Criminal Possession of Stolen Property. I have never seen Ebay prices used as an indicator of value.

Posted

If each shirt was stolen at different times from different places, it would be difficult for the People to prove grand larceny. The value of the shirt can be argued many ways, especially if they were no longer new. Value must be proven beyond a reasonable doubt, and replacement value is usually the measure.

Posted

The value has to be over $1,000 to be a felony. The price on Ebay is irrelevant.

Posted

It is retail value at the store at the time of the theft. If there is a common scheme/conspiracy charge concerning the multiple thefts, they are aggregated in value to determine the total value in charging you with the appropriate felony larceny charge, which appears to apply to your case.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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