Grand Larceny and Aggravated Felonies in New York State

A conviction for Grand Larceny can have dire consequences in the context of immigration because a conviction for Grand Larceny is often categorized as an Aggravated Felony.   The definition of an aggravated felony can be found in Section § 101(a)(43), of the Immigration and Nationality Act of 1952, Pub. L. No. 82-414, 66 Stat. 163, 8 U.S.C. § 1101(a)(43).  Section 101(a)(43(G) defines an aggravated felony as a crime involving theft where a sentence of more than one year is imposed. Under Section 101(a)(43(M), crimes involving fraud or deceit in which the amount of loss to the victim is in excess of ten thousand dollars is also an aggravated felony. The two sections related to Larceny are 101(a)(43(G) and 101(a)(43)(M). A conviction under either one of these sections is an Aggravated Felony for immigration purposes.   

Article 155 of the New York Penal also defines the differing degrees of Larceny. In New York, larceny can be committed in a number of ways; some involve theft and others fraud. Therefore, when considering a plea of guilty to a larceny charge, the accused has to take into account many factors in determining whether or not a guilty plea will result in a conviction classified as an aggravated felony.


When considering your options as they relate to Larceny, speak to an experienced attorney regarding the potential consequences of a guilty plea.  The consequences can be severe.