In many states extortion and larceny are separate crimes. Extortion involves coercion. The general definition of extortion is the act of taking money, services or property from the rightful owner by use of force, violence or threats.
The general definition for larceny is the intentional act of taking property from the rightful owner without permission. In addition of taking the property, the person accused of the crime has no intention of giving the property back to the owner.
In New York, the two crimes can be combined to create a type of theft crime. The crime is called larceny by extortion. If you are accused of larceny by extortion, contact a criminal lawyer immediately for assistance fighting the charge.
What is Larceny by Extortion?
Larceny by extortion is using force, threats or violence to take property from an owner without permission and with the intent to deprive them of the property. This means that you are accused of using threats, intimidation or violence to obtain property from someone and keep it. You wouldn’t have received the property if you hadn’t used some time of coercion.
You were Charged with Grand Larceny by Extortion
All larceny charges are based on the dollar value of the stolen property. This means that you could be charged with a misdemeanor or felony depending on the cost of the property allegedly taken. Grand larceny by extortion is a felony.
Grand larceny by extortion is a felony charge. It is defined as using coercion to take property valued at more than $1,000 without the intention of returning it to the owner. The coercion is force, threat of violence or actual violence.
Grand Larceny by Extortion is Separated into Classes
Grand larceny by extortion is further separated into classes. These classes are classified by the dollar value of the alleged stolen property. The are four grand larceny by extortion classes:
• Class E involves taking property valued from $1,000 to $3,000.
• Class D involves taking property valued from $3,000 to $50,000.
• Class C involves taking property valued from $50,000 to $1 million.
• Class B involves taking property valued at more than $1 million.
For example, you allegedly threaten a victim to give you $3,000 or you’d tell of their affair. You would be charged with Class D grand larceny by extortion. Your penalty for a Class D felony would be different than if you were accused of any other type of larceny by extortion charge.
Punishment for Grand Larceny by Extortion
Whether regardless of the type of grand larceny by extortion charge you face, the punishment is serious. This means that you are facing years in prison. However, that is only if you are convicted of the crime.
A grand larceny by extortion depends on the class you were charged with committing. If you allegedly took property valued at more than $1,000, but less than $3,000, then your punishment is four years in prison. If you are charged with a Class D felony, you face seven years in state prison.
The number of years in prison increases with the value of the property. For example, a Class felony that involved taking property valued at $50,000 has a punishment of 15 years in prison. You face 25 years in prison if you are convicted of grand larceny by extortion of more than $1 million.
Any larceny by extortion sentence may include fines and restitution. Restitution is paid to the alleged victim of the extortion. Fines are paid to the court and can be in excess of the amount stolen.
Please be aware that any prior felonies will play a part in your sentencing. If you’ve had a prior felony in the last 10-year period, you face a minimum prison sentence. This minimum prison sentence is one and one half years in prison.
You have the Right to Defend Yourself in Your Larceny by Extortion Case
Larceny by extortion is a serious charge that requires a strong legal team. You can’t hope for the and believe prosecutors will understand that you’re innocent. You must hire a legal team who is experienced at building a tough defense and negotiating with prosecutors to get the charge reduced or dismissed. Contact us today.