Free Consultations & We're Available 24/7

Spodek Law Group Treating you like family since 1976

Get Legal Help Today

Prosecuting a New York Theft Charge30 Jan 2019

Theft is defined as taking someone’s property without their consent and with the intent to permanently deprived them of it. This means you’re accused of taking property without permission and either keeping, selling or giving away the property.
Prosecuting a theft charge in New York requires evidence to support the elements outlined in the criminal statute such as Section 165.15. Evidence includes things like witness testimony, items allegedly stolen and circumstances of your arrest.

If you or your loved one was arrested or accused of theft in New York, you need the help of a tough legal team. First, it’s important to understand how the case is prosecuted.

Determining the Theft Crime

Before prosecutors can charge you, they must know what type of theft crime was committed. In New York, there are many types of theft charges. All theft charges are prosecuted according to the dollar value of the property.

The lowest theft charge is called petit larceny. Petit larceny is taking property without permission that is valued at or less than $1,000. This is a misdemeanor charge. A misdemeanor offense usually has the punishment of at least one year in county jail.

It’s important to note that New York prosecutors take the value of the service or goods allegedly taken. This means that if you allegedly accepted a service without paying, your can be charged with theft.

Property taken that is valued over $1,000 is a felony theft charge. A felony theft charge is the most serious of all criminal charges. It is considered grand larceny. The state breaks the charges into classes:

•Class E: Stealing property valued at $1,000 to $3,000.
•Class D: Stealing property valued at $3,000 to $50,000.
•Class C: Stealing property valued at $50,000 to $1 million.
•Class B: Stealing property valued at more than $1 million.

Prosecutors Use Any Evidence to Support the Crimes Elements

New York has a definition of theft. That definition is used to charge you or your loved one with theft. That definition, which is in the penal code, is also used to try to prove guilt. Prosecutors must show beyond reasonable doubt that you or your leg committed theft. To do this, they take any evidence such as witness testimony, and use that information to support elements.
Elements are each part of the theft charge that makes up the definition. For instance, prosecutors show the jury or judge that you or your loved one:

1. You intentionally took someone’s property. This means you obtained goods, property or service.
2. You do so without the property owner’s consent. In this element, prosecutors must show that you unlawfully took the property. This means the property owner didn’t give you permission to take the item.
3. You had the intent to permanently deprive the owner of the property. To prove this, prosecutors show that you weren’t going to give the property back. Instead, you kept, use, sold or gave away the property.

During trial, prosecutors present witness testimony, the alleged item taken and other evidence to support their claim. You have the right to challenge the prosecutors claim while their are trying the theft charge against you. Thus, you can present evidence that places doubt in the mind of the jury or judge. For example, challenging the prosecutors’ case may involve showing you had no intent to commit the crime or that you had consent for the owner.

You may also present a defense that doesn’t attack the prosecutors’ claim. Examples of a defense are an alibi, mistaken identity and innocence.

Contact Us for Assistance with Your New York Theft Charge

We don’t care if you’re completely innocent or you made a poor decision that lead to your theft charge. Everyone makes in life. Our law firm isn’t here to judge. We’re here to fight your theft charge for you. At our law offices, we provide you with a tough defense while working to get your case dismissed or reduced. We have experience defending clients accused of theft throughout the five boroughs.
When fighting a theft charge in New York, you need to retain one of the leading criminal defense firms in the state. Contact us for help today. Don’t leave your future to chance.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.