Charged With Theft In New York? You Need A Skilled Criminal Defense Attorney
Any accusation of stealing can be serious and disastrous to the future of the accused. Therefore, an experienced criminal defense lawyer is critical to mitigating potential penalties.
Our criminal defense team at Konta, Georges & Buza, P.C. has decades of experience handling theft and other criminal matters in Manhattan, Brooklyn, Bronx, Queens and Staten Island. The partners at our firm are nationally recognized trial attorneys. They have both prosecuted and defended serious cases, including theft offenses, drug trafficking, murder and other criminal offenses. They use their vast legal insight to obtain the outcome that you deserve.
If you or a loved one is accused of any theft crime, do not hesitate to contact the firm for a free consultation.
What Is Larceny?
In New York, the act of stealing something or, more specifically, taking something that does not belong to you with the intent to permanently deprive the rightful owner of that property is called larceny. The larceny statute is codified in New York State Penal Law Article 155. Larceny has five separate degrees, and a defendant’s charge will depend on the value of the stolen property.
What The Prosecution Must Prove
Almost without fail, a district attorney’s office will also bring charges of criminal possession of stolen property in conjunction with the applicable larceny charges. This means that if a person steals someone’s wristwatch, they will not only be charged with stealing the watch (larceny) but also for possessing the recently stolen watch (possession of stolen property). So, one act equals two charges. Criminal possession of stolen property is codified in New York State Penal Law Article 165.
In order to obtain a larceny conviction, the prosecution must prove the following:
- The person wrongfully took, obtained or withheld property from its rightful owner.
- The person did so with the intent to deprive another of the property or to appropriate the property to himself.
- The value of the stolen property exceeds the designated amount for the alleged degree of larceny.
In order to obtain a criminal possession charge, the prosecution must prove:
- The person knowingly possessed stolen property.
- The person did so with the intent to benefit himself or a person other than the owner of such property or to impede the recovery of such property by an owner.
- The value of the property exceeds the designated amount of alleged degree of criminal possession.
Contact Konta, Georges & Buza, P.C. Today
All forms of larceny and criminal possession of stolen property are crimes that could carry prison sentences. In addition, criminal convictions may carry severe collateral consequences. As former prosecutors, members on our team have unique experience handling these cases from both sides.