Larceny is defined as the unlawful taking of property belonging to someone else. It is done without consent of the owner and with the intent to forever deprive the owner of the property. In New York, larceny is prosecuted according to the value of the property. The state also considers different types of crime as larceny too. For example, credit or debit card theft is called larceny credit card in New York.
Credit card larceny has its own separated definition and penalties. If you or your loved one is accused of credit card larceny, you need a lawyer who will explain your legal rights and guide you through the New York criminal process. You also need a lawyer who will fight to get the charge dismissed or reduced.
What is Larceny Credit Card in New York?
Larceny by credit card is defined according to section four in the PENN 155.30 of the New York penal code. Larceny is the stealing of a credit or debit card done without permission and with the intention to permanently deprive its owner of their card. If charged with crime, state prosecutors accusing you of stealing a credit or debit card from someone and using it without their consent and not giving it back.
The charge can occur in many ways. For instance, you can be accused of taking someone backpack and stealing their credit card. You can also be charged with credit card larceny if you keep the credit card and use if after you were supposed to do so. This often happens if a relative gives you their credit card to use one time, then they accuse you of using it multiple times without their permission.
Larceny by Credit Card can be a Misdemeanor or Felony
New York separates crimes into classes. Thus, it separates theft crimes into categories according to the value of the property taken. This seems confusing because the actual credit or debit card doesn’t have value. The state will charge you or your loved one with a misdemeanor or felony according to what was purchased with the credit card.
For example, if you allegedly purchased a service or good valued at $100, you will be charged with misdemeanor larceny by credit card. However, if the property is valued at more than $1,000, then it is a grand larceny credit card charge.
Penalties of Larceny Credit Card in New York
Please remember that you or your loved one has not been convicted of larceny credit card. Thus, these penalties are discussed to let you know what could happen if a conviction occurred. Punishment for a larceny by credit card conviction depends on whether the charge was a misdemeanor or felony.
A person accused of misdemeanor larceny by credit card faces a sentence of one year in county jail and a $1,000 fine. Felony larceny by credit card conviction faces a Class E felony. This is four years in state prison. The punishment may include a fine. The amount of the find could be $5,000. However, it could be double the amount that was gained from the crime. This means if you are accused of charging $100,000 on the victim’s credit card, then you could be ordered to pay a $200,000 fine.
If you have any prior felony convictions, you face more time in state prison. You must be convicted with a felony 10 years prior to the current charge. The minimum prison sentence is one and one half to three years in prison. This means that you could spend at least one and one half years in state prison for a larceny credit card conviction.
Our Law Offices Represent People Charged with Larceny Credit Card
You or your loved one is charged with larceny credit card. You’re scared and confused. You just want the charge to disappear. At our law office, we devoted to fighting your larceny credit card charge. We will guide you through the New York criminal process and take the fear and mystery out of the process.
We will also build a strong defense for your case. We won’t stop there. Throughout your case, we’ll work to get the larceny credit card charged reduced or dismissed. Contact us immediately for legal representation.
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