What Should I Do About a Grand Larceny Charge for 2020 Unemployment Fraud in New York?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I am being charged with grand larceny, a class C felony, for committing unemployment fraud in 2020.
Attorney Answer
Being charged with grand larceny in the second degree, a class C felony, for unemployment fraud is serious, and the most important thing right now is getting a criminal defense attorney involved before you say anything further to investigators or prosecutors.
In New York, grand larceny in the second degree under Penal Law § 155.40 applies when the value of property stolen exceeds $50,000. Because this involves unemployment benefits, prosecutors would need to show that you obtained benefits you were not entitled to and that the total amount reaches that threshold, often by adding up weekly or biweekly payments over the period in question. Many 2020 unemployment fraud cases stem from pandemic-era claims, including Pandemic Unemployment Assistance, where eligibility rules were unusual and confusing, and that context can matter for your defense, particularly on the question of intent.
One issue worth raising with your attorney right away is timing. In New York, most felonies must generally be prosecuted within 5 years under N.Y. Criminal Procedure Law § 30.10, though there are exceptions, including for certain fraud-related offenses where the clock can start from discovery rather than the date of the conduct. Since the alleged conduct was in 2020, your attorney should carefully check the exact dates in the accusatory instrument against this rule, since it could matter to your case.
What you can do
1. Do not discuss the facts of your case with investigators, the Department of Labor, or prosecutors without an attorney present. 2. Hire a criminal defense attorney as soon as possible, ideally before your next court date, so they can review the charging documents and the timeline. 3. Gather any documents you have about your 2020 unemployment claim, including applications, correspondence, and payment records. 4. Ask your attorney whether restitution, a plea to a lesser charge, or a diversion program may be available, since these are common outcomes in fraud cases depending on the facts.
This is general legal information and not legal advice. A local New York criminal defense attorney can review the specific charges against you and advise you on the best path forward.
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Frequently Asked Questions
What does the prosecution have to prove for grand larceny in the second degree?
They generally need to show that you obtained property, here unemployment benefits, that you were not entitled to, and that the total value exceeds $50,000. They also need to prove you intended to obtain it unlawfully.
Could this charge be reduced?
It is possible. Depending on the evidence, the specific dollar amount involved, and your history, a defense attorney may be able to negotiate a reduced charge, a plea involving restitution, or in some cases a diversion program.
What should I do if investigators contact me again?
Politely decline to answer questions and say you want to speak with your attorney first. You have the right to remain silent, and anything you say can be used in the case against you.
