Larceny, New York’s term for theft, means unlawfully taking someone else’s property. Facing larceny or shoplifting charges can be serious. Understanding your charges and working with a Long Island fraud crimes defense firm helps protect your rights.
Larceny Defense Lawyer: Representing Clients On Long Island
In New York, larceny charges are divided into two main categories: Petit Larceny and Grand Larceny. Petit Larceny is classified as a misdemeanor, while Grand Larceny is a felony, with the severity of the charge increasing based on the value of the stolen property. Each type carries different classifications and penalties, which can significantly impact your defense approach and potential case outcomes.
Petit Larceny: The Impact of Shoplifting and Misdemeanor Charges
Petit Larceny applies to thefts of property valued at $1,000 or less, often associated with shoplifting. This charge typically applies when someone takes merchandise from a store without paying. As a Class A Misdemeanor, a Petit Larceny conviction can result in:
- Up to one year in jail
- Fines up to $1,000
In Nassau and across Long Island, Petit Larceny convictions can impact reputations, employment, and immigration status through background checks. If you’ve received a Desk Appearance Ticket (DAT) for Petit Larceny, it’s important to address the situation promptly to avoid these long-term consequences.
Grand Larceny: Serious Felony Charges and Their Consequences
When the value of stolen property exceeds $1,000, or specific high-value items are involved, the charge escalates to Grand Larceny—a felony offense with varying degrees based on property value and theft nature. Here is a breakdown of Grand Larceny classifications:
Grand Larceny in the 4th Degree: Involving property valued over $1,000, credit cards, firearms, vehicles valued above $100, or property taken directly from a person, this offense is a Class E Felony. Penalties may include:
- Imprisonment up to four years
- Fines up to $5,000
An example is People v. Thompson, 33 N.Y.2d 461 (1974), where the defendant was convicted for taking a credit card under a fictitious name, demonstrating how details in theft cases can escalate charges from misdemeanors to felonies. In People v. Haynes, 314 N.Y. 465 (1958), a defendant took a pocketbook from a chair. The owner felt it being taken, which qualified the offense as a felony.
Cases like these highlight how subtle distinctions can influence the severity of charges.
Grand Larceny in the 3rd Degree: Applicable when property stolen exceeds $3,000 or involves ATMs, this offense is a Class D Felony. Consequences can include:
- Up to seven years in prison
- Fines up to $5,000
Grand Larceny in the 2nd Degree: This felony charge applies to thefts over $50,000 or thefts involving extortion, classified as a Class C Felony with penalties of:
- Up to 15 years in prison
- Fines up to $15,000
Grand Larceny in the 1st Degree: The most severe larceny charge, Grand Larceny in the 1st Degree applies to thefts exceeding $1 million, a Class B Felony. Penalties are serious:
- Up to 25 years in prison
- Fines up to $30,000
Alternative Theories for Larceny Charges on Long Island
New York’s legal system recognizes several theories the prosecution uses to prove larceny, each corresponding to a different method. Understanding these theories is crucial for building a strong defense in Long Island criminal courts.
- Larceny by Acquiring Lost Property: This charge applies when an individual finds and keeps lost property without making a reasonable attempt to return it to its owner. A simple example would be finding a wallet on a bus and deciding to keep it.
- Larceny by Bad Check: If someone writes a check they know their account cannot cover, and it’s cashed without funds to back it up, this can be a serious offense, particularly for substantial amounts.
- Larceny by Deed Theft: In cases involving property deeds, misrepresentation or alteration of property documents can constitute larceny. For instance, a person who forges a deed to claim ownership risks serious charges.
- Larceny by Embezzlement: When a person entrusted with property abuses that trust and takes property for personal use, they may face embezzlement charges. Common cases include employees taking funds or property from their employer.
- Larceny by False Pretense: Obtaining property through deception, such as promising to perform work and never intending to, is considered larceny. In People v. Hart, 73 N.Y.2d 636 (1989), the defendant was charged with larceny for convincing someone to invest in a business expansion that he never intended to complete.
- Larceny by False Promise: Larceny can be charged if a person makes a promise they never intend to keep, intending to acquire someone else’s property. Offering to sell a car without the intention of transferring ownership is one such example.
- Larceny by Trick: Using deception to acquire possession of property, such as persuading someone to hand over valuables on false pretenses, can lead to significant charges.
- Larceny by Wage Theft: Employers who fail to compensate workers or pay them less than minimum wage may face larceny charges.
Key Legal Concepts for Larceny Charges: Aggregate Value and Recent Possession
Two legal concepts are key in theft cases in Nassau and Suffolk County courts: the aggregate value of stolen items and recent possession of stolen property.
Aggregate Value of Stolen Property: In theft cases involving multiple items, prosecutors calculate the total value to meet thresholds for harsher charges. They must prove:
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Dates and Location: Establishing a specific timeframe and location for each incident.
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Ongoing Intent: Showing the defendant had one plan for all incidents.
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Combined Value: Adding all items to meet the threshold for felony charges.
In People v. Cox, 286 N.Y. 137 (1941), the court ruled that each theft in a series counts as part of one scheme if ongoing intent is clear. This concept often increases penalties if the total value meets the felony threshold.
Recent and Exclusive Possession of Stolen Property: If someone possesses stolen property without a valid explanation, a jury may infer guilt. This principle is based on:
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Inference of Guilt: If the defendant offers no plausible explanation, possession may suggest theft.
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Lack of Evidence of Transfer: If no evidence shows the defendant received the property innocently, the jury may find guilt.
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Context of Possession: Courts evaluate whether the defendant could have legally obtained the property. If another person is suspected, the inference weakens.
This individual may also face possession of stolen property charges.
Why Hiring a Skilled Larceny Defense Lawyer in Nassau County is Crucial for Your Case
Larceny or shoplifting convictions can have far-reaching effects on life, impacting your freedom, finances, career opportunities, and immigration status. A conviction on your record can jeopardize job prospects, especially in roles requiring integrity or public trust. With so much at stake, having a seasoned larceny Long Island criminal defense attorney is essential.
An experienced Long Island criminal defense lawyer reviews the evidence, challenges the prosecution, and negotiates to reduce or dismiss charges. Ramy M. Louis, a former senior prosecutor and dedicated defense attorney, knows the complexities of larceny cases. His expertise in New York larceny laws and defense strategies helps protect clients’ rights effectively.
If you or a loved one faces theft or shoplifting charges in Long Island, time is critical. Delaying legal assistance can negatively impact case outcomes. Contact The R.M.L. Law Firm, PLLC today for a comprehensive and free evaluation. We’ll work together to build a solid defense and protect your future.
