Petit larceny is one of the most common and most serious crimes committed in the state of New York and across the country. While stealing items that don’t belong to you may seem like an insignificant offense, the legal system is not lenient with people who are arrested for this crime. Depending on the severity of the theft and the value of the property, it can range from misdemeanors with up to a year in jail to felonies that carry 25 years in prison. For this reason, it is important to work with a skilled and experienced criminal defense attorney if you have been arrested for stealing.
The state of New York defines larceny as the unlawful taking or withholding of personal property or services valued at less than $1,000. Petit larceny is classified as a Class A misdemeanor, which means that it is punishable by up to a year in jail, fines and surcharges. In many cases, petit larceny is charged in conjunction with other crimes, such as Criminal Possession of Stolen Property in the Fifth Degree or Grand Larceny.
Petit larceny charges are often brought against individuals who are accused of shoplifting. Those accused of this crime may raise the defense that they never actually left the store and did not intend to steal anything. However, this defense does not necessarily succeed, as the intent required to commit larceny is that the individual knowingly and willfully took something with the intention of depriving the owner permanently.
In addition to the penalties mentioned above, a larceny conviction can have a severe negative impact on a person’s reputation and their future career prospects. It can interfere with employment, housing and loan applications as well as affect professional licenses and public roles. In the event that you have been arrested for a petit larceny charge, it is crucial to get an experienced criminal defense lawyer on your side as soon as possible.
A skilled New York Petit Theft Lawyer
If you have been arrested for petit larceny, you need a qualified and experienced criminal attorney to help you reach a favorable outcome in court. Trusting your case to a random public defender that the state assigns to you is a dangerous and unwise choice. These public defenders have limited resources and are rarely available to meet with you more than once or twice before your trial date. By hiring a private defense attorney, you can ensure that your case receives the attention it deserves and that you will have access to a highly qualified and dedicated attorney.
Petit larceny is one of the most common and most serious crimes committed in New York, and its consequences can be damaging to your future. It can affect your reputation and make it difficult to pursue employment or public roles in the future. It can also negatively impact your financial situation because you may be required to pay restitution and fines. In order to protect your rights, you should hire an experienced New York criminal defense attorney.
The law defines larceny as “any unlawful taking, obtaining or withholding of property with intent to deprive the owner permanently.” The state has a statutory scheme that determines what kind of penalties you can face based on the value of the stolen item. It also provides a distinction between petit larceny and grand larceny. Grand larceny is the higher level of theft crime because it involves property that is valued at more than $1,000.
If you are convicted of petit larceny, it is a misdemeanor and could result in up to a year in jail and a $1,000 crime fine. You can also be ordered to pay restitution to the victim of your crime. This may seem like a small sum, but it can add up quickly when you have to pay fines, court costs and restitution. A restitution order can also have an effect on your credit score.
Petit larceny charges are often associated with shoplifting, but it is possible to be charged with this crime for other acts of theft. For example, people have been charged with this crime for using doctored MetroCards at subway turnstiles, for removing surveillance cameras from a landlord’s property and for taking mail out of a mailbox. It is important to have an experienced New York Petit Larceny Lawyer to help you fight the charges.
There are several different ways to defend against a theft charge. One way is to prove that you had a good faith belief that you had the right to take the property. Another way is to show that you took the property temporarily and did not have the intent to deprive the owner permanently. Finally, you can argue that the evidence does not establish a reasonable doubt that you committed this crime.
If you have been charged with petit larceny or any other type of theft, it is crucial to contact a New York Petit Larceny Criminal Defense Lawyer as soon as possible.
Petit larceny, commonly referred to as petty larceny, is a crime in New York that involves the unlawful taking of money or property that does not belong to the individual. The penalty for petit larceny varies based on several factors, including the value of the stolen item and whether the offense is classified as a misdemeanor or a felony. Additionally, the circumstances of the theft and the duration before returning the stolen items play a role in determining the consequences.
One of the most prevalent forms of petit larceny is shoplifting, where an individual takes merchandise from a store without paying for it. In most cases, individuals accused of this crime will face charges of petit larceny, categorized as a class A misdemeanor. However, if the stolen property's value exceeds $1,000, the individual may face grand larceny charges, which carry more severe penalties, including the possibility of a year in jail.
In the event of an accusation of theft, it is crucial to seek immediate legal counsel from a criminal attorney. A NY petty larceny lawyer can assess the case and assist the client in determining the appropriate course of action. For example, the attorney can negotiate with the prosecutor to have the charges dismissed without proceeding to trial or ensure that any plea bargain does not include unfavorable terms.
Petit larceny cases often revolve around shoplifting incidents, but they can encompass various other activities, such as using a manipulated MetroCard at subway turnstiles, removing items from a landlord's apartment, or tampering with surveillance cameras in a workplace. To secure a conviction, the prosecution must prove the defendant's guilt beyond a reasonable doubt, typically relying on eyewitness testimony, photographic evidence, videos, and any admissions made by the accused.
For a first-time petit larceny offender, the prosecutor may initially offer an Adjournment in Contemplation of Dismissal (ACD). If this disposition is accepted and the offender avoids rearrest for another crime within six months, the case can be dismissed and sealed.
In the case of second or subsequent arrests for petit larceny, the judge has more discretion when considering an ACD or other plea bargain, depending on the specific circumstances of the case. If the charge is not dismissed, the case will proceed to trial.
Following an arraignment, the defense has the opportunity to call witnesses and present evidence. The jury will then determine whether the accused is guilty or not. Throughout this process, it is essential for the accused to remain silent and avoid making statements that could incriminate them. An experienced petty larceny lawyer in New York can provide a strong defense and increase the likelihood of securing the best possible outcome for the accused.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
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