This physical injury need not be life altering or ending but as little as to break a finger, busted a lip or even just an old school punch in the gut is sufficient. While a threat to damage that person’s property can raise the severity of the crime, the “classic” way it is perpetrated is where there is a threat to cause a physical injury if the property or monies is not turned over. This offense is a class “E” felony and occurs when a targeted person turns over property no matter if it is worth $1 or $1 million.Ī significantly more serious offense, Second Degree Grand Larceny, NY Penal Law 155.40(2), is a class “C” felony. Fourth Degree Grand Larceny, NY Penal Law 155.30(6), is the generic and automatic felony referenced above. Again, once this legal threshold is met and elements satisfied, the District Attorney can charge a felony and present a case to the Grand Jury regardless of the monies ultimately stolen through these means.Īssuming law enforcement can establish this foundation, the follow up issue or question turns to the degree of the crime.
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