Theft Lawyer in New York, NY

A theft defense lawyer in New York will be able to defend you in a criminal charge of larceny.

If you are being accused of theft or larceny, it is important to equip yourself with an experienced theft defense lawyer who can properly represent your interests in order to secure the best possible outcome for your case.

Types of Theft

In New York, theft is also known as larceny. Larceny or theft has varying degrees, usually depending on the value of the property stolen. The types of the theft or larceny are:

If convicted, the penalties imposed will be dependent on the type of offense committed.

Elements of Theft or Larceny

New York Penal Law § 155.05 defines larceny as a person who steals the property when, with intent to deprive another of property or to appropriate the same to himself or to a third person, wrongfully takes, obtains or withholds such property from an owner.

This definition provides the essential elements of larceny, where each element has to be proved by the prosecution beyond reasonable doubt. A theft defense lawyer in New York can help evaluate your case to determine the possible defenses, given the elements of the crime of larceny and the unique circumstances of your case.

The elements of larceny are:

• The wrongful taking, obtaining, or withholding.
  • Trespassory taking, which is obtaining property by trick, embezzlement or false pretenses;
  • Acquiring lost property;
  • Committing the crime of issuing a bad check;
  • False promise; or

• Of someone else’s property;
  • Property taken must not be of the taker’s.
  • Property means money, personal property, real property, computer data, computer program, thing in action, or evidence of debt, or contract, or any article, substance or thing of value, including gas, steam, water, or electricity, which is provided for a charge or compensation.

• With the intent to either deprive the owner OR to take the property for himself or someone else;
  • Intent requires evidence of an overt act to prove one’s state of mind at the time of commission of the crime.
  • Owner includes a person who has the right to possession superior to that of taker. Example: Larceny is still committed when a person takes property from someone who is not the owner but has lawfully borrowed the property from the owner.

• For an extended period or indefinitely.

Possible Defenses in a Charge of Theft or Larceny

Given the different elements in the charge of the theft, the following can be raised as defenses by your theft defense lawyer:

• Value of Stolen Property:
  • The value of the stolen property is a major point of contention between the prosecution and theft defense. The lower the value, the lower the type of offense committed, the less serious the charge. This allows your theft defense lawyer to plea bargain for an even lower sentence.

• No Wrongful Taking:
  • The property must be unlawfully taken either physically or through actions that deprive the owner or the lawful possessor of the property. If the person charged had a valid and perfectly legal reason for taking the property, this is a possible defense in a charge of larceny or theft.

• No Intention to Deprive:
  • Intent is important in the crime of theft or larceny. Without any intention to deprive, there can be no larceny. Thus, if you claim to have just borrowed the property with the intention of returning it, this can be a possible defense to the charge of theft or larceny.

• Property Belongs to Defendant:
  • The property taken must belong to another. If the property taken is the defendant’s or the defendant was the person with lawful possession of the property, there can be no theft or larceny.

• Consent:
  • Theft or larceny requires the taking of property without the consent of the owner or lawful possessor. However, if the owner or lawful possessor consented for the defendant to either borrow the property or have it, there can be no theft or larceny.

• Claim of Right:
  • Theft or larceny cannot occur when the person taking the property claims to own the property or claims to have a right over the property.

Possible Sentences

Probation is an alternative sentence for first time offenders of grand larceny in the 4^th, 3^rd, and 2^nd degrees. However, your theft defense lawyer may be able to secure an Adjournment in Contemplation of Dismissal (ACD) or a disorderly conduct offense.

If you are able to plea to the lower offense of disorderly conduct, you may answer “no” to any question that asks whether you have been charged or convicted of a crime. This is because disorderly conduct is considered a violation and not a crime.

ACD, on the other hand, is not even a conviction. It allows the court to dismiss the case after 6 months, if you are able to show good behavior.

A charge of theft or larceny is serious and an have repercussions in your career. Equipping yourself with an experienced theft defense attorney can help you negotiate the best outcome for your case. Should you need assistance in defending a theft or larceny charge, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].