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Manhattan Theft Crimes Lawyer
Manhattan Theft Crimes
Attorney
Being charged with a theft crime in New York is a serious offense. New York has some of the harshest theft crime laws in the country. If you are facing these types of charges, you need a Manhattan theft crimes lawyer. An experienced attorney can gather the evidence needed to build a strong case for your defense.
The Vitaliano Law Firm is led by Michael Vitaliano, a top-rated white-collar criminal defense attorney. He and his team have years of experience helping clients who are facing criminal charges. When you or a loved one is facing criminal theft charges, it’s important to have an attorney you can trust and one with local knowledge. Mr. Vitaliano is a New York native and is familiar with the New York County Criminal Court.
Types of Theft Crimes in New York
In a single year, the NYPD made 48,000 arrests for the seven major crime categories. Theft is considered one of these. New York law recognizes several types of theft-related crimes. The charges depend on the circumstances of the crime and the value of the property. Some of the types of theft charges include:
- Auto theft
- Identity theft
- Embezzlement
- Extortion
- Burglary and robbery
- Possession of stolen property
Under New York penal law §155.05, a person commits larceny when they wrongfully take, obtain, or withhold another person’s property. According to the most recent data, the New York City rate of larceny is 975.6 per 100,000 residents. The types of larceny include:
- Petit larceny. Also known as petty theft, petit larceny involves property valued at $1,000 or less. This is typically a misdemeanor.
- Grand larceny in the fourth degree. This is a class E felony and includes theft of a car, truck, credit card, purse snatching, mugging, and robbery.
- Grand larceny in the third degree. This is a class D felony and involves property valued at over $3,000.
- Grand larceny in the second degree. This is a class B felony and includes property valued at over $50,000, theft by extortion with the threat of physical injury, and property damage.
- Grand larceny in the first degree. This is the most severe type of theft. It involves property valued at over $1 million.
Possible Penalties for Theft Convictions
Theft crime penalties in New York vary depending on the type of theft and the value of the property stolen. Possible penalties include:
- Jail time
- Fines
- Probation
- Restitution
- Loss of professional licenses
Common Defenses for Theft Crimes
Every theft case is different, but in order for a prosecutor to successfully get a conviction, they need to prove beyond a reasonable doubt that the defendant wrongfully obtained or withheld property with the intent to permanently keep it. An experienced Manhattan theft crimes attorney can come up with a strong defense to challenge one or more of these elements.
Some common strategies may be:
- Lack of intent. An attorney may try to demonstrate that the defendant did not intend to steal.
- Consent. Your attorney can argue that you had consent to take the property.
- Mistaken identity. If there is any doubt about the quality of video footage or eyewitness testimony, it can be used to argue mistaken identity.
- Duress or coercion. If a theft was committed under duress or coercion, it can be a valid legal defense.
- Claim of right. If the defendant genuinely believed the property was theirs or that they had a right to it.
Hire a Manhattan Theft Crimes Lawyer
If you have been charged with a theft crime, it’s important to hire a theft crimes lawyer to help you navigate New York’s complex penal laws. An attorney can help minimize penalties and reduce or minimize charges by negotiating with prosecutors.
Your attorney can help make sure you understand your rights and help protect them. They can serve as a shield between you and the legal system, whether you are a first-time offender or you’ve been charged before. An attorney can:
- Investigate the facts of your case
- Examine evidence
- Identify weaknesses in the prosecution
- Explore potential defenses
If there is room for negotiation, your attorney may also explore this option by arguing for lesser charges or negotiating to get an alternative sentence instead of jail time.
FAQs
What Is the Law for Theft in New York?
There are several laws for theft in New York. Most theft-related crimes are categorized under New York Penal Law Article 155. Penal law § 155.25 outlines petit larceny, while penal law § 155.30 is grand larceny in the fourth degree. Theft can be either a misdemeanor or a felony, depending on the value of the stolen property.
How Much Evidence Is Needed to Be Charged With Theft?
To be charged with theft, the prosecution needs to prove guilt beyond a reasonable doubt. Evidence could include physical proof that you possess the stolen property, surveillance video, or witness statements. Without this hard evidence, it is hard to prove guilt in a theft crime case, but not impossible. This is why it is important to have an experienced theft crime attorney.
Can You Stop a Shoplifter in New York?
In New York, store owners or their security teams are allowed to stop shoplifters under the General Business Law, Section 218. They are allowed to stop suspects to question them or to wait for police to arrive, as long as they have reasonable suspicion and the method of detention is reasonable.
What Is a Misdemeanor Theft in New York?
A misdemeanor theft in New York is petit larceny. It involves stealing property valued at $1,000 or less. Examples of petit larceny include shoplifting, as long as the items shoplifted are valued under $1,000, embezzlement, and using a stolen credit card. People charged with petit larceny can still face jail time in addition to fines.
Contact a Theft Crimes Lawyer
Facing criminal charges for theft can be a stressful experience. Having a professional and experienced attorney by your side can help make the situation less stressful. The team at The Vitaliano Law Firm understands the legal implications of theft and understands that it can have long-lasting consequences. If you need help defending against theft charges, contact us today.
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About us
An accomplished legal advocate, Michael E. Vitaliano is the founder and principal of The Vitaliano Law Firm, based in New York City. Mr. Vitaliano is a leading criminal defense lawyer and experienced advocate in handling all criminal matters in state and federal court.
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