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How does larceny relate to embezzlement?

On Behalf of | Jan 24, 2022 | White Collar Crimes

Larceny charges filed under New York statutes include allegations of theft by embezzling. If a company trusted you with money or property, a loss may raise allegations of embezzlement. Larceny also applies to lost or missing data, trademarks and utilities under the Empire State’s theft laws.

An employer or a board of directors may begin an internal investigation to discover a missing property. The outcome may determine whether a company sends information to law enforcement. A prosecutor may find that a theft falls within the definition of larceny under the New York Penal Law.

How may a charge classify as grand larceny?

The New York State Senate’s website notes that the market value of the property at the time allegedly taken differentiates the degrees of larceny. If law enforcement cannot place a value on the property taken, the amount of theft may not exceed $250. A charge may then classify as a misdemeanor petit larceny charge.

Grand larceny requires showing that property or money allegedly taken has a value that exceeds $1,000. If the value falls below this amount, a charge may still classify as grand larceny based on the value of a written instrument such as a check or public document. Unauthorized use of credit cards also qualifies as grand larceny when the amount charged exceeds $1,000.

How may a defense help avoid a conviction?

A larceny conviction requires proof of taking property with an intent to deprive its owner. If you have a right to the property placed under your control, you may counter a prosecutor’s argument of having taken it without permission.

A property allegedly misappropriated classifies as grand larceny if it has a market value worth more than $1,000. A charge of larceny by embezzlement may not, however, result in a conviction when a strong defense shows a lack of intent.