Rockland County Theft Lawyer
Theft, or larceny as it is known in New York’s Penal Law, involves any taking of property from another party with the intent of depriving the owner of its use. This can include a taking for one’s own personal use, or the taking of property and destroying it.
New York’s laws concerning the theft of property are some of the most straightforward of anywhere in the country. Courts are generally only concerned with the dollar values of the item taken in determining the severity of the charges. However, some exceptions, such as the type of the item taken, or if the item was taken through extortion, do apply.
A Rockland County theft lawyer could help individuals charged with any form of larceny to improve their chances for a positive outcome in court. A skilled attorney could advocate for your interests in court.Ways a Person May Commit Theft
New York’s definitions of theft are wide-ranging. Unlike many other states, New York includes all possible ways someone may take the property of another under a single statute. New York Penal Law §155.05 states that a larceny includes:
- Common law larceny, such as theft by taking, trick, or deception
- The receipt of lost property
- Issuing a bad check
What each of these examples have in common is the prosecutor’s burden to prove that the defendant took the property with the intent to deprive the rightful owner of its use. For example, a defense to a charge of larceny may be that the defendant had a legitimate reason to believe that the owner lent the property to them.
For the most part, the law is not concerned with the ways a person may have committed a theft when it comes to sentencing. Instead, courts examine the value of the items taken and, in some cases, the type of item taken.The Levels of Rockland County Charges for Theft
New York’s Penal Law creates five levels of larceny. These range in severity from misdemeanors to serious felonies. Petit larceny, under New York Penal Law §155.25 is the least serious version of theft. It applies anytime the dollar value of the property taken is under $1,000. This is a class A misdemeanor and can result in no more than one year in jail.
All other examples of larceny are felonies. These are:
- Grand larceny in the first degree
- Grand larceny in the second degree
- Grand larceny in the third degree
- Grand larceny in the fourth degree
Grand larceny in the first degree is the most serious allegation in New York law concerning theft. Under New York Penal Law §155.42, this only applies in the rare case where the value of the property exceeds $1,000,000.
Grand larceny in the second degree, according to New York Penal Law §155.40, covers the dollar values from $50,000 to $1,000,000. It also applies whenever the theft is alleged to have taken place through the use of extortion.Third and Fourth Degree Grand Larceny in Rockland
Grand larceny in the third degree under New York Penal Law §155.35 applies when the value of the items is between $3,000 and $50,000 or whenever a defendant is alleged to have stolen from an ATM.
Grand larceny in the fourth degree under New York Penal Law §155.30. The dollar value of the items here must be between $1,000 and $3,000. However, it may also include the theft of public documents, religious items, or credit cards.
In every case involving larceny, a conviction can result in a potentially lengthy prison sentence, the payment of heavy fines, and a court order to repay the value of the property taken to its rightful owner. A Rockland County theft lawyer could fight to prevent all these potential outcomes.Let a Rockland County Theft Attorney Help
A conviction for even a minor larceny charge can result in a requirement to pay a heavy fine and spend up to a year in jail. More serious felony charges can carry a mandatory prison sentence. A Rockland County theft lawyer is dedicated to protecting those charged with larceny against these allegations and to give someone the best chance to avoid this outcome. Contact an attorney today to set up a consultation.