New York Theft Lawyer

Theft is defined as depriving another person of property unlawfully or withholding that property by either tricking them, by a false promise, by extortion, by embezzlement, or by common law theft. In a regular context, theft is when a person takes someone else's property.

If you are facing theft charges and are looking to mount a defense, it is pertinent that you consult with a New York theft lawyer immediately. An experienced attorney will be able to gather all the necessary evidence to help reduce or dismiss any penalties associated with your charge.

When a theft crime is a misdemeanor, the general charges are either petit larceny 155.25 or a fifth-degree criminal possession of stolen property, which is Penal Law 165.40. The difference between the two is that petit larceny is any theft of $1,000 or less.

The criminal possession of stolen property entails knowingly possessing property that is stolen. That individual must have done so with the intent of benefitting themselves or another person, or to impede or impact the recovery of that property by some other person. A knowledgeable theft attorney in New York City can help defend against such misdemeanor charges.

There are also variations of felony charges. Instead of petit larceny, there are degrees of grand larceny. There are also degrees of criminal possession of stolen property that are felonies.

The benchmark that defines the degree of the charge is when the theft is valued at $1,000 or less, it is a misdemeanor. If something is more than $1,000 but not greater than $3,000, it is classified as an E Felony. This can be penalized from between a year and a third to four years in prison, and can be best contested using a New York theft lawyer.

A Class D Felony carries between two and a third to seven years in prison, and is brought forward when theft of products exceeds $3,000 but not more than $50,000. If a product or item is valued more than $50,000 but no greater than $1 million, an individual is facing between five and 15 years in prison.

If the theft is valued more than $1 million, it is a B Felony and would be classified as grand larceny in the first degree or criminal possession of stolen property in the first degree. This charge carries a maximum of 25 years in prison if the individual does not have any prior history. The severity of such penalties can be defended using a theft attorney in New York City.

If a person has a prior conviction, the DA is less likely to be lenient with them. An individual could get up to one year in jail on any of those misdemeanor charges. In New York City, that individual may likely be placed on Rikers Island. Out of New York City, the individual would be placed in the county jail.

The other crimes would most likely land an individual in state prison. Potentially, a person could also get probation, fines, and community service, but if they have had a prior felony conviction in the previous 10 years, then the current crime has a mandatory minimum of incarceration.

Depending on the circumstances surrounding their case, an individual may be facing decades in prison along with hefty fines. These penalties can negatively affect an individual both personally and professionally in the long-term. To prevent such consequences from happening, an individual must consult with an experienced New York theft lawyer to begin building a defense immediately.