What is the average sentence for grand theft

If the client is convicted of felony grand theft auto, he or she faces a minimum of sixteen months and a maximum of three years in state prison, plus restitution similar to that facing one convicted of misdemeanor grand theft.

The defenses to grand theft auto begin with consent of the owner. This can be a tough defense to assert because the owner is most often the person who calls police to begin the case. However, the client may argue or believe that because the owner gave the client permission to use the car in the past, such permission continued.

The second most common defense revolves around intent. If one did not intend to permanently deprive the owner of the car, the crime may be simply joyriding, which is a crime itself and is prosecuted quite often, especially when intent is difficult to prove. Grand theft auto often is charged in conjunction with other crimes. For more information about vehicle theft, click on the following articles: What Is Joyriding?

Do not wait until you have been arrested or arraigned. It is crucial to have someone who understands the nuances of each type of grand larceny charge to ensure that if you are charged, the charge is appropriate. Contact us at Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Free Consultation: Fighting for Your Freedom. Member of:. Criminal Defense Practice. Criminal Law. Theft Crimes. Grand Larceny. Grand Larceny Sentencing Guidelines. Grand Larceny in the Fourth Degree The least serious grand larceny charge is grand larceny in the fourth degree.

Grand Larceny in the First Degree The most serious grand larceny offense is grand larceny in the first degree. Submit a Law Firm Client Review. In the best scenario, a misdemeanor, violation or dismissal can be achieved pre or post-indictment. Again, there is no mandatory minimum for the first-time offender or non-predicate felon. Those who are predicate felons face a minimum of two to four years in state prison and a maximum of three and one half to seven years in a state facility.

A conviction for this crime is also punishable with a conditional discharge, straight probation, a "split" or "city time" if you are not a predicate felon. Moreover, while it is more difficult to secure a non-felony deal post-indictment, misdemeanors, violations and other non-criminal dispositions can potentially be achieved pre-indictment.

Obviously, the sooner you ascertain and implement your defense, the better off you will be. First time offenders and non-predicate felons face no mandatory minimum sentence. A predicate felon faces a minimum of three to six years and a maximum of seven and one half to fifteen years in state prison. Just as the lower two degree crimes, first time offenders and non-predicate felons can be sentenced to only probation or a conditional discharge but a one year or less jail sentence in a county or city jail is not allowed by law.

Moreover, the same potential opportunity for a non-felony agreement is possible pre-indictment while the same cannot be said with confidence after a Grand Jury has voted the same. Regardless of whether or not you are a first-time offender, or you have a long rap sheet, there is always a mandatory minimum term of incarceration.

First time offenders and non-predicate felons face a minimum of one to three years in state prison and a maximum of eight and one third to twenty-five years in state prison. For those who are predicate felons, the minimum term is four and one half to nine years while the maximum is twelve and one half to twenty-five years in custody.

Non-state prison sentences can be worked out with a plea to a lower level felony or misdemeanor offense pre-indictment. It is crucial to understand that in theory your counsel can work out almost any type of pre-indictment disposition. Timing and advocacy on the part of your criminal defense attorney is crucial. Once a Grand Jury has indicted your case, prosecutors are limited in how far they can reduce the matter.

Moreover, while the advocates at Crotty Saland PC have had tremendous results representing those accused of fraud schemes in New York City and the region, there are collateral issues that impact people differently that you must always address.