What is Theft in New York?
In New York, the crime of theft is an umbrella term that encompasses many crimes. Theft crimes come in many different forms such as: Motor Vehicle theft, Credit Card theft, Identity theft, Robbery, Burglary, Petit Larceny, and Grand Larceny. In New York, theft of property that is valued in excess of $1,000 through embezzlement, extortion, false promise, trick or any other scheme, will constitute Grand Larceny. Theft of property in amounts less than $1,000, will constitute Petit Larceny. It is defined as the taking of another’s property that is valued at $1,000 or less. This is considered a class A misdemeanor.
What to do if You Are Accused Of A Theft Crime In New York
If you are under investigation for a theft crime, the first thing to do is to stay calm. Being accused of a theft crime can take a toll emotionally and physically. After being accused, it is important to make a plan of action and contact a criminal defense lawyer immediately. Talking to police and trying to clear your name may be tempting. However, it is best to wait for your attorney before speaking to the police. Stay strong and tell the police that you will not speak with them until you have your attorney present.
Defenses To Theft Crimes In New York
If you are accused of theft in New York, there are a few affirmative defenses that may be available to you. For example, it is an affirmative defense that the property was taken under good faith belief of having the right to actually take it. Other defenses to crimes of theft include disputing the value of the property stolen. If you are able to prove that the value of the stolen property is less than perceived, this may compel the court to lower the degree of your charge. Finally, you may be able to negotiate a civil penalty rather than a criminal punishment with the Assistant District Attorney. Additionally, if you are convicted of certain theft crimes, probation may be available as an alternative sentence.
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At The Law Office of Yifei He PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
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