New York Embezzlement Lawyer
Embezzlement in New York: Statutory Overview
Embezzlement in New York is addressed under the state’s Grand Larceny statutes, which classify theft offenses based on the value of the stolen property or funds. The charges range from misdemeanors to serious felonies, with embezzlement generally prosecuted at felony levels due to the nature of the offense.
Grand Larceny Statutes
- Fourth-Degree Grand Larceny (N.Y. Penal Law § 155.30):
- Theft of property valued at more than $1,000.
- Classified as a Class E Felony with a maximum prison sentence of 1⅓ to 4 years.
- Third-Degree Grand Larceny (N.Y. Penal Law § 155.35):
- Theft involving property valued at more than $3,000 but less than $50,000.
- A Class D Felony, punishable by 2⅓ to 7 years in prison.
- Second-Degree Grand Larceny (N.Y. Penal Law § 155.40):
- Theft involving amounts between $50,000 and $1,000,000.
- A Class C Felony carrying a penalty of 5 to 15 years in prison.
- First-Degree Grand Larceny (N.Y. Penal Law § 155.42):
- Applies to theft exceeding $1,000,000 in value.
- Classified as a Class B Felony, punishable by 8⅓ to 25 years in prison.
Aggregating Thefts
Under New York law, thefts that occur over time can be aggregated to determine the total amount stolen. This allows prosecutors to elevate charges to higher degrees of larceny based on the cumulative value of the embezzled property.
Related Offenses
Embezzlement cases often involve charges of falsifying business records, governed by N.Y. Penal Law § 175.10. This offense occurs when an individual alters, deletes, or fabricates financial or business records to conceal theft or fraudulent activity.
- First-degree falsifying business records is a Class E Felony, carrying penalties of 1⅓ to 4 years in prison.
Penalties and Considerations
The severity of penalties in embezzlement cases is driven by the degree of the grand larceny charge and any related offenses. For instance, in addition to imprisonment, individuals may face restitution requirements, fines, and reputational harm. Defending against these charges requires careful evaluation of the evidence, as well as an understanding of the applicable statutes.
Legal Representation
Given the complexities of embezzlement cases and the serious consequences associated with convictions, individuals facing such charges are strongly advised to consult experienced criminal defense attorneys. Legal professionals can help analyze the case, develop defenses, negotiate plea agreements, or seek reduced penalties.
Understanding New York’s statutory framework is critical for navigating embezzlement charges and ensuring a fair and strategic legal process.