New York Criminal Lawyer Blog
In a prior bog entry, I addressed some of the potential felony arrest charges you can face if you commit credit card fraud, debit card fraud or check fraud in New York. As a New York criminal lawyer and former Manhattan Assistant District Attorney, I have either prosecuted or defended hundreds of these crimes involving stolen or fake credit cards, bogus checks and other alleged scams netting a few dollars to millions of dollars. While certain crimes associated with check fraud and credit card fraud in New York are not necessarily impacted by the value of the ill gotten gains (Forgery, Criminal Possession of a Forged Instrument and Falsifying Business Records – see other blog entries and New-York-Lawyers.org for information on these offenses), the degree of other crimes and offenses share a direct correlation with the associated theft or larceny. Beyond the “D” and “E” felonies listed above, these crimes include Grand Larceny and felony Criminal Possession of Stolen Property.
Grand Larceny: Credit Card, Debit Card & Check Fraud
There are two “types” of Grand Larceny that are generally prosecuted when an arrest involves credit card fraud and generally just one when the crime involves check fraud Without going into detail, the theft of a debit card or credit card is an automatic felony. By automatic, it means that any time you steal certain items, regardless of value, the offense is a felony (as briefly mentioned above) In fact, if you steal a bag and you had no idea there was a credit card inside, it is still a felony. This crime is codified in New York Penal Law 155.30(4), Grand Larceny in the Fourth Degree. Fourth Degree Grand Larceny has a potential sentence in prison of four years.
In terms of value, the degree of the Grand Larceny is directly related to the amount of the purchase or value obtained with the stolen or fake credit card, debit car or check. In these arrests for Grand Larceny, if the value is greater than $1,000, but equal to or less than $3,000, then the offense is Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(1). If the value is greater than $3,000, but equal to or less than $50,000, then the applicable crime is Grand Larceny in the Third Degree pursuant to New York Penal Law 155.35(1). Where the value exceeds $50,000, but is less than or equal to $1,000,000, then the arrest charge would be Grand Larceny in the Second Degree pursuant to New York Penal Law 155.40(1). Lastly, if the value of the theft or fraud is more than $1,000,000, then the crime is Grand Larceny in the First Degree pursuant to New York Penal Law 155.42. Keep in mind that prosecutors may be able to aggregate values of thefts to increase the potential crime. Third Degree Grand Larceny is a “D” felony punishable by up to seven years in prison. Second Degree Grand Larceny is a “C” felony punishable by up to fifteen years in prison. First Degree Grand Larceny is a “B” felony punishable by up to twenty five years in prison.
Criminal Possession of Stolen Property: Credit Card, Debit Card & Check Fraud
Much like Forgery is the sister crime of Criminal Possession of a Forged Instrument, Criminal Possession of Stolen Property is the sister crime of Grand Larceny. Instead of the theft that can be attributed to credit card fraud, debit card fraud or check fraud, felony Criminal Possession of Stolen Property is associated with the results of your actions as opposed to the taking. In other words, the value of your ill gotten gains post-theft. Tracking the value of the Grand Larceny statutes, if the value is greater than $1,000, but equal to or less than $3,000, then the offense is Criminal Possession of Stolen Property in the Fourth Degree pursuant to New York Penal Law 165.45(1). If the value is greater than $3,000, but equal to or less than $50,000, then the applicable crime is Criminal Possession of Stolen Property in the Third Degree pursuant to New York Penal Law 165.50. Where the value exceeds $50,000, but is less than or equal to $1,000,000, then the arrest charge would be Criminal Possession of Stolen Property in the Second Degree pursuant to New York Penal Law 165.52. Lastly, if the value of the theft or fraud is more than $1,000,000, then the crime is Criminal Possession of Stolen Property in the First Degree pursuant to New York Penal Law 165.54. The potential sentences track that of the similar degree Grand Larceny crime.
Keep in mind that beyond the value of the property obtained as a result of fraud, just like the Grand Larceny statute, mere possession of a stolen debit or credit card is a violation of New York Penal Law 165.45(2), Fourth Degree Grand Larceny. Keep in mind, this credit card or debit card could be cancelled and the crime would still stand.
To learn more about New York Grand Larceny crimes, New York Criminal Possession of Stolen Property crimes and other offenses related to credit card and debit card theft or check fraud in New York, review the content found throughout Saland Law PC’s websites and blogs listed below as well as the information linked throughout this entry.
Established by two former Manhattan prosecutors, the New York criminal defense attorneys at Saland Law PC represent clients in all theft and larceny related investigations, arrests, indictments and trials throughout the New York City region.