Theft of Services & Credit Cards

Theft of Services arrests in New York City are common. Similarly, New York Penal Law 165.15 is a crime routinely prosecuted throughout the Hudson Valley from White Plains in Westchester, New City in Rockland, Mahopac in Putnam and Poughkeepsie in Dutchess. While crimes for first time offenders are often prosecuted in Manhattan, Brooklyn, and Queens through a Desk Appearance Ticket, the law of Theft of Services is the same regardless of the jurisdiction. The application of the criminal code may vary from jurisdiction to jurisdiction, but NY Penal Law 165.15(1) is just one potential Theft of Service crime that anyone can find him or herself facing post arrest.

NY PL 165.15(1) involves service theft where stolen credit cards and debit cards are central to the offense. As a practical matter, New York criminal lawyers often see this charge associated with felony offenses including Criminal Possession of Stolen Property in the Fourth Degree, Identity Theft in the First Degree and even Forgery in the Second Degree. Other criminal offenses aside, when some individual attempts to or actually obtains a service from another person or organization with a credit or debit card he knows is stolen, that person is guilty of Theft of Services.

• Fourth Degree Grand Larceny: NY PL 155.30(4) and Credit Cards
• Fourth Degree Criminal Possession of Stolen Property: NY PL 165.42 and Debit Cards
• NYC Desk Appearance Tickets: Process and Procedures
• Theft of Services Information and Defense: NY PL 165.15 Crimes and Offenses

Simply, by the nature of the crime, knowingly using a stolen credit card, one should clearly see how the District Attorney can charge the more serious offense of Fourth Degree Grand Larceny or Fourth Degree Criminal Possession of Stolen Property as it relates to stolen debit and credit cards.

An "A" misdemeanor punishable by up to one year in jail, NY PL 165.15(1) will never be expunged, whitewashed or erased from your criminal record. While New York does allow for the sealing of certain criminal convictions pursuant to New York Criminal Procedure Law 160.59, one must first be eligible for sealing. Even then, assuming ten years have passed, your criminal history is available to law enforcement. For many people, it is not the threat of jail that is first on their mind, but the direct and collateral consequences of a criminal conviction in New York.

Assuming your legal predicament is not merely relatively bad nor difficult, but one that involves crippling evidence, allegations and factors, upon conviction a criminal court judge in NYC or a Town or Village Justice in municipalities such as Rye, Harrison, Beacon, Nyack, and Brewster, can put you “in.” What does that mean? A judge is allowed by law to sentence you to as long as one year in jail. If you’ve been to the Westchester County Jail in Valhalla, then you likely know one day, let alone one year, is far too long to spend locked up.

Be sensible and confront your arrest for Theft of Services head on. Don’t let an accusation or conviction derail your career, legal status or professional certifications. The New York criminal lawyers at Saland Law know there is no substitute for advocacy, knowledge and experience. The question is, do you?

Call the New York criminal lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.