What is the penalty for petty larceny first offense under $50 in New York?
Full Question:
Answer:
The following are New York statutes:
§ 155.25 Penal. Petit larceny.
A person is guilty of petit larceny when he steals property.
Petit larceny is a class A misdemeanor.
§ 55.10 Penal. Designation of offenses.
1. Felonies.
(a) The particular classification or subclassification of each felony
defined in this chapter is expressly designated in the section or article
defining it.
(b) Any offense defined outside this chapter which is declared by law to
be a felony without specification of the classification thereof, or for
which a law outside this chapter provides a sentence to a term of
imprisonment in excess of one year, shall be deemed a class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this chapter is either a class A
misdemeanor or a class B misdemeanor, as expressly designated in the
section or article defining it.
(b) Any offense defined outside this chapter which is declared by law to
be a misdemeanor without specification of the classification thereof or of
the sentence therefor shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an
offense is defined outside this chapter and a sentence to a term of
imprisonment in excess of fifteen days but not in excess of one year is
provided in the law or ordinance defining it, such offense shall be deemed
an unclassified misdemeanor.
3. Violations. Every violation defined in this chapter is expressly
designated as such. Any offense defined outside this chapter which is not
expressly designated a violation shall be deemed a violation if:
(a) Notwithstanding any other designation specified in the law or
ordinance defining it, a sentence to a term of imprisonment which is not in
excess of fifteen days is provided therein, or the only sentence provided
therein is a fine; or
(b) A sentence to a term of imprisonment in excess of fifteen days is
provided for such offense in a law or ordinance enacted prior to the
effective date of this chapter but the offense was not a crime prior to
that date.
4. Traffic infraction. Notwithstanding any other provision of this
section, an offense which is defined as a "traffic infraction" shall not be
deemed a violation or a misdemeanor by virtue of the sentence prescribed
therefor.
§ 60.01 Penal. Authorized dispositions; generally.
1. Applicability. Except as otherwise specified in this article, when the
court imposes sentence upon a person convicted of an offense, the court
must impose a sentence prescribed by this section.
2. Revocable dispositions.
(a) The court may impose a revocable sentence as herein specified:
(i) the court, where authorized by article sixty-five, may sentence a
person to a period of probation or to a period of conditional discharge as
provided in that article; or
(ii) the court, where authorized by article eighty-five, may sentence a
person to a term of intermittent imprisonment as provided in that article.
(b) A revocable sentence shall be deemed a tentative one to the extent
that it may be altered or revoked in accordance with the provisions of the
article under which it was imposed, but for all other purposes shall be
deemed to be a final judgment of conviction.
(c) In any case where the court imposes a sentence of probation,
conditional discharge, or a sentence of intermittent imprisonment, it may
also impose a fine authorized by article eighty.
(d) In any case where the court imposes a sentence of imprisonment not in
excess of sixty days, for a misdemeanor or not in excess of six months for
a felony or in the case of a sentence of intermittent imprisonment not in
excess of four months, it may also impose a sentence of probation or
conditional discharge provided that the term of probation or conditional
discharge together with the term of imprisonment shall not exceed the term
of probation or conditional discharge authorized by article sixty-five of
this chapter. The sentence of imprisonment shall be a condition of and run
concurrently with the sentence of probation or conditional discharge.
3. Other dispositions. When a person is not sentenced as specified in
subdivision two, or when a sentence specified in subdivision two is
revoked, the sentence of the court must be as follows:
(a) A term of imprisonment; or
(b) A fine authorized by article eighty, provided, however, that when the
conviction is of a class B felony or of any felony defined in article two
hundred twenty, the sentence shall not consist solely of a fine; or
(c) Both imprisonment and a fine; or
(d) Where authorized by section 65.20, unconditional discharge as
provided in that section; or
(e) Following revocation of a sentence of conditional discharge imposed
pursuant to section 65.05 of this chapter or paragraph (d) of subdivision
two of this section, probation as provided in section 65.00 of this chapter
or to the sentence of imprisonment and probation as provided for in
paragraph (d) of subdivision two of this section.
4. In any case where a person has been sentenced to a period of probation
imposed pursuant to section 65.00 of this chapter, if the part of the
sentence that provides for probation is revoked, the court must sentence
such person to imprisonment or to the sentence of imprisonment and
probation as provided for in paragraph (d) of subdivision two of this
section.
§ 65.00 Penal. Sentence of probation.
1. Criteria.
(a) Except as otherwise required by section 60.04 or 60.05 of this
title, and except as provided by paragraph (b) hereof, the court may
sentence a person to a period of probation upon conviction of any crime
if the court, having regard to the nature and circumstances of the crime
and to the history, character and condition of the defendant, is of the
opinion that:
(i) Institutional confinement for the term authorized by law of the
defendant is or may not be necessary for the protection of the public;
(ii) the defendant is in need of guidance, training or other assistance
which, in his case, can be effectively administered through probation
supervision; and
(iii) such disposition is not inconsistent with the ends of justice.
(b) The court, with the concurrence of either the administrative judge of
the court or of the judicial district within which the court is situated or
such administrative judge as the presiding justice of the appropriate
appellate division shall designate, may sentence a person to a period of
probation upon conviction of a class A-II felony or a class B felony
defined in article two hundred twenty if the prosecutor either orally on
the record or in a writing filed with the indictment recommends that the
court sentence such person to a period of probation upon the ground that
such person has or is providing material assistance in the investigation,
apprehension or prosecution of any person for a felony defined in article
two hundred twenty or the attempt or the conspiracy to commit any such
felony, and if the court, having regard to the nature and circumstances of
the crime and to the history, character and condition of the defendant is
of the opinion that:
(i) Institutional confinement of the defendant is not necessary for the
protection of the public;
(ii) The defendant is in need of guidance, training or other assistance
which, in his case, can be effectively administered through probation
supervision;
(iii) The defendant has or is providing material assistance in the
investigation, apprehension or prosecution of a person for a felony defined
in article two hundred twenty or the attempt or conspiracy to commit any
such felony; and
(iv) Such disposition is not inconsistent with the ends of justice.
Provided, however, that the court shall not, except to the extent
authorized by paragraph (d) of subdivision two of section 60.01 of this
chapter, impose a sentence of probation in any case where it sentences a
defendant for more than one crime and imposes a sentence of imprisonment
for any one of the crimes, or where the defendant is subject to an
undischarged indeterminate or determinate sentence of imprisonment which
was imposed at a previous time by a court of this state and has more than
one year to run.[fn*]
[fn*] NB Effective until 2009/09/01, pursuant to Laws 1995, ch. 3, Sec.
74(d), as amended by Laws 2005, ch. 56, Pt. D, Sec. 20
Provided, however, that the court shall not, except to the extent
authorized by paragraph (d) of subdivision two of section 60.01 of this
chapter, impose a sentence of probation in any case where it sentences a
defendant for more than one crime and imposes a sentence of imprisonment
for any one of the crimes, or where the defendant is subject to an
undischarged indeterminate or reformatory sentence of imprisonment which
was imposed at a previous time by a court of this state and has more than
one year to run.[fn*]
[fn*] NB Effective 2009/09/01, pursuant to Laws 1995, ch. 3, Sec. 74(d),
as amended by Laws 2005, ch. 56, Pt. D, Sec. 20
2. Sentence. When a person is sentenced to a period of probation the
court shall, except to the extent authorized by paragraph (d) of
subdivision two of section 60.01 of this chapter, impose the period
authorized by subdivision three of this section and shall specify, in
accordance with section 65.10, the conditions to be complied with. The
court may modify or enlarge the conditions or, if the defendant commits
an additional offense or violates a condition, revoke the sentence at any
time prior to the expiration or termination of the period of probation.
3. Periods of probation. Unless terminated sooner in accordance with the
criminal procedure law, the period of probation shall be as follows:
(a) (i) For a felony, other than a class A-II felony or a class B felony
defined in article two hundred twenty of this chapter or a sexual assault,
the period of probation shall be five years;
(ii) For a class A-II felony controlled substance offender as defined in
paragraph (a) of subdivision one of section 70.71 of this chapter or a
class B second felony drug offender as defined in paragraph (b) of
subdivision one of section 70.70 of this chapter, the period of probation
shall be life, and for a class B felony drug offender as defined in
paragraph (a) of subdivision one of section 70.70 of this chapter, the
period of probation shall be twenty-five years;
(iii) For a felony sexual assault, the period of probation shall be ten
years.
(b) (i) For a class A misdemeanor, other than a sexual assault, the
period of probation shall be three years;
(ii) For a class A misdemeanor sexual assault, the period of probation
shall be six years.
(c) For a class B misdemeanor, the period of probation shall be one year,
except the period of probation shall be no less than one year and no more
than three years for the class B misdemeanor of public lewdness as defined
in section 245.00 of this chapter;
(d) For an unclassified misdemeanor, the period of probation shall be
three years if the authorized sentence of imprisonment is in excess of
three months, otherwise the period of probation shall be one year.
For the purposes of this section, the term "sexual assault" means an
offense defined in article one hundred thirty or two hundred
sixty-three, or in section 255.25 of this chapter, or an attempt to
commit any of the foregoing offenses.[fn*]
[fn*] NB Effective until November 1, 2006
For the purposes of this section, the term "sexual assault" means an
offense defined in article one hundred thirty or two hundred sixty-three, or
in section 255.25, 255.26 or 255.27 of this chapter, or an attempt to
commit any of the foregoing offenses.[fn*]
[fn*] NB Effective November 1, 2006
4. In any case where a court pursuant to its authority under subdivision
four of section 60.01 of this chapter revokes probation and sentences such
person to imprisonment and probation, as provided in paragraph (d) of
subdivision two of section 60.01 of this chapter, the period of probation
shall be the remaining period of the original probation sentence or one
year whichever is greater.
§ 65.05 Penal. Sentence of conditional discharge.
1. Criteria. (a) Except as otherwise required by section 60.05, the court
may impose a sentence of conditional discharge for an offense if the court,
having regard to the nature and circumstances of the offense and to the
history, character and condition of the defendant, is of the opinion that
neither the public interest nor the ends of justice would be served by a
sentence of imprisonment and that probation supervision is not appropriate.
(b) When a sentence of conditional discharge is imposed for a felony, the
court shall set forth in the record the reasons for its action.
2. Sentence. Except to the extent authorized by paragraph (d) of
subdivision two of section 60.01 of this chapter, when the court imposes
a sentence of conditional discharge the defendant shall be released with
respect to the conviction for which the sentence is imposed without
imprisonment or probation supervision but subject, during the period of
conditional discharge, to such conditions as the court may determine. The
court shall impose the period of conditional discharge authorized by
subdivision three of this section and shall specify, in accordance with
section 65.10, the conditions to be complied with. If a defendant is
sentenced pursuant to paragraph (e) of subdivision two of section 65.10
of this chapter, the court shall require the administrator of the program
to provide written notice to the court of any violation of program
participation by the defendant. The court may modify or enlarge the
conditions or, if the defendant commits an additional offense or violates
a condition, revoke the sentence at any time prior to the expiration or
termination of the period of conditional discharge.
3. Periods of conditional discharge. Unless terminated sooner in
accordance with the criminal procedure law, the period of conditional
discharge shall be as follows:
(a) Three years in the case of a felony; and
(b) One year in the case of a misdemeanor or a violation.
Where the court has required, as a condition of the sentence, that the
defendant make restitution of the fruits of his or her offense or make
reparation for the loss caused thereby and such condition has not been
satisfied, the court, at any time prior to the expiration or termination of
the period of conditional discharge, may impose an additional period. The
length of the additional period shall be fixed by the court at the time it
is imposed and shall not be more than two years. All of the incidents of
the original sentence, including the authority of the court to modify or
enlarge the conditions, shall continue to apply during such additional
period.
§ 65.20 Penal. Sentence of unconditional discharge.
1. Criteria. The court may impose a sentence of unconditional discharge
in any case where it is authorized to impose a sentence of conditional
discharge under section 65.05 if the court is of the opinion that no proper
purpose would be served by imposing any condition upon the defendant's
release.
When a sentence of unconditional discharge is imposed for a felony, the
court shall set forth in the record the reasons for its action.
2. Sentence. When the court imposes a sentence of unconditional
discharge, the defendant shall be released with respect to the conviction
for which the sentence is imposed without imprisonment, fine or probation
supervision. A sentence of unconditional discharge is for all purposes a
final judgment of conviction.
§ 70.15 Penal. Sentences of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is imposed
the term shall be fixed by the court, and shall not exceed one year;
provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of guilty
entered in satisfaction of an indictment or any count thereof charging the
defendant with the class D violent felony offense of criminal possession of
a weapon in the third degree as defined in subdivision four of section
265.02, except that the court may impose any other sentence authorized by
law upon a person who has not been previously convicted in the five years
immediately preceding the commission of the offense for a felony or a class
A misdemeanor defined in this chapter, if the court having regard to the
nature and circumstances of the crime and to the history and character of
the defendant, finds on the record that such sentence would be unduly harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime.
2. Class B misdemeanor. A sentence of imprisonment for a class B
misdemeanor shall be a definite sentence. When such a sentence is imposed
the term shall be fixed by the court, and shall not exceed three months.
3. Unclassified misdemeanor. A sentence of imprisonment for an
unclassified misdemeanor shall be a definite sentence. When such a sentence
is imposed the term shall be fixed by the court, and shall be in accordance
with the sentence specified in the law or ordinance that defines the crime.
4. Violation. A sentence of imprisonment for a violation shall be a
definite sentence. When such a sentence is imposed the term shall be fixed
by the court, and shall not exceed fifteen days.
In the case of a violation defined outside this chapter, if the sentence
is expressly specified in the law or ordinance that defines the offense and
consists solely of a fine, no term of imprisonment shall be imposed.
§ 80.05 Penal. Fines for misdemeanors and violation.
1. Class A misdemeanor. A sentence to pay a fine for a class A
misdemeanor shall be a sentence to pay an amount, fixed by the court, not
exceeding one thousand dollars, provided, however, that a sentence imposed
for a violation of section 215.80 of this chapter may include a fine in an
amount equivalent to double the value of the property unlawfully disposed
of in the commission of the crime.
2. Class B misdemeanor. A sentence to pay a fine for a class B
misdemeanor shall be a sentence to pay an amount, fixed by the court, not
exceeding five hundred dollars.
3. Unclassified misdemeanor. A sentence to pay a fine for an unclassified
misdemeanor shall be a sentence to pay an amount, fixed by the court, in
accordance with the provisions of the law or ordinance that defines the
crime.
4. Violation. A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding two hundred
fifty dollars.
In the case of a violation defined outside this chapter, if the amount of
the fine is expressly specified in the law or ordinance that defines the
offense, the amount of the fine shall be fixed in accordance with that law
or ordinance.
5. Alternative sentence. If a person has gained money or property through
the commission of any misdemeanor or violation then upon conviction
thereof, the court, in lieu of imposing the fine authorized for the offense
under one of the above subdivisions, may sentence the defendant to pay an
amount, fixed by the court, not exceeding double the amount of the
defendant's gain from the commission of the offense; provided, however,
that the amount fixed by the court pursuant to this subdivision upon a
conviction under section 11-1904 of the environmental conservation law
shall not exceed five thousand dollars. In such event the provisions of
subdivisions two and three of section 80.00 shall be applicable to the
sentence.
6. Exception. The provisions of this section shall not apply to a
corporation.