Look to a NYC Theft & Larceny Lawyer to navigate the often complex matters of theft here in New York. It should be no secret that even a simple shoplifting charge can turn into a complex criminal matter, requiring legal representation that can challenge evidence and build a sound legal defense.
The team at Rendelman Law remains ready and capable to represent what matters most to you, offering full-service legal representation for both misdemeanor and felony larceny charges. You remain innocent until proven guilty, and our representation continues to preserve the innocence of clients facing criminal larceny charges of all complexity. Never leave these matters to chance, and instead, partner with a firm that offers dedicated, responsive, and personalized legal representation for criminal larceny here in New York City.
What Does “Theft & Larceny” Mean Under New York Law?
The New York State criminal code states that larceny occurs when an individual, with intent, “wrongfully takes, obtains or withholds such property from an owner thereof,” including the “wrongful taking, obtaining or withholding of another’s property.“
Larceny can also include the wrongful taking, obtaining, or withholding of another’s property through:
- “Trespassory taking, common law larceny by trick, embezzlement, or by obtaining property by false pretenses.”
- “Exercising control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake,” “without taking reasonable measures to return such property to the owner.”
- “By committing the crime of issuing a bad check.”
- “By false promise.”
- “By wage theft.”
- “By deed theft.”
Understanding the Legal Definition of Larceny in New York
The key to understanding larceny is under § 155.05 of the NY Penal Code, which is the “wrongful taking or withholding of property with intent to deprive.” In a simplified way, it is the stealing of property (including money or other assets) by unlawfully and intentionally taking it from another person or party. The legal language is intended to include many different kinds of theft, including crimes like robbery, but also embezzlement and fraud.
What Counts As “Property” According To New York Law
New York law considers “property” regarding the crime of larceny as:
“…any money, compensation for labor or services, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation.”
Degrees of Theft & Larceny In New York City
Larceny in New York is classified based on the value of the property that has been deprived of another party. Such crimes could be classified as misdemeanor or felony crimes. Depending on the nature of your case, you could face additional criminal charges.
Petit Larceny & Low-Level Theft in NYC
Petit larceny in New York is a misdemeanor criminal charge that sees the theft of property under $1,000. It can include petty theft, shoplifting, pickpocketing, or even instances when an individual refuses to return property that was lent to them.
While it is considered the least serious criminal charge for larceny, it still carries the potential for significant monetary fines and the possibility of up to one year in jail.
Grand Larceny in New York
Larceny becomes a felony criminal charge based on the value of the property being stolen or deprived, or the circumstances surrounding your case. It is grouped into four different degrees of severity, including:
- Grand Larceny in the Fourth Degree (property over $1,000; or certain property types).
- Grand Larceny in the Third Degree (property over $3,000, or ATM-theft).
- Grand Larceny in the Second Degree (theft over $50,000 or extortion-based theft).
- Grand Larceny in the First Degree (theft over $1,000,000)
Your criminal history and the factors surrounding your case will influence your larceny charges.
Common Types of Theft Cases We Handle
Rendelman Law can offer legal representation for several different kinds of larcenies, including:
- Shoplifting & Retail Theft, including instances of misdemeanor larceny under $1,000.
- Petty Theft / Petit Larceny, such as pickpocketing, package theft, employee theft, dine and dash, and the stealing of mail.
- Grand Larceny, including retail theft over $1,000, auto theft, credit-card/debit-card theft, and property theft. This can include complex white collar crimes that include overlapping criminal charges.
- Theft of services or utilities, including power, water, gas, or digital services, like cable or internet.
- Possession or sale of stolen property, including the possession or sale of stolen goods.
- Theft involving fraud, including instances of identity theft, misrepresentation of fact, or any other related white-collar crimes.
Penalties & Potential Legal Consequences of a Larceny Conviction
Even misdemeanor larceny comes with serious legal consequences that extend far beyond the courtroom. Such charges come with the possibility of a year in jail, but also a lifelong criminal record. Being convicted of such a crime is likely to result in your dismissal from work, while a criminal record could limit employment opportunities in the future and reduce your ability to travel.
Felony grand larceny includes extended legal consequences, including several years in jail, extensive monetary fines, and restitution, based on the value of the property that has been deprived. 1st degree grand larceny carries the potential for up to 25 years in jail, while 4th degree grand larceny could come with up to four years in jail.
Conviction of such crimes could include loss of professional licenses and your appearance in criminal background checks. It could limit your ability to find housing or challenge your ability to find meaningful work after you have completed your time in prison. In some circumstances, you may lose your civil right to legally own a firearm. Complex larceny charges could also require you to forfeit your assets and pay back what is owed via restitution. You should expect life-changing consequences for larceny charges of all kinds.
Why You Need an Experienced NYC Theft & Larceny Defense Lawyer
Even minor larceny charges call for experienced legal representation that can navigate the New York-specific statutes and legal thresholds. Value assessments, property type, and the context of your criminal case can have a significant impact on your case. As such, these circumstances call for expert valuation of your case to properly plan your legal defense.
These types of cases also include the possibility of compounded or overlapping criminal charges that could include fraud or possession of stolen property. Even a simple shoplifting charge can escalate to a felony grand larceny charge, requiring a criminal defense attorney with deep knowledge of these crimes, formulating a legal defense that is unique to your case.
Our Theft & Larceny Defense Strategy at Rendelman Law
The team at Rendelman Law brings aggressive legal representation that ensures your rights are protected through every step of your criminal case. Learn more about our process:
Early Representation
We assist our clients the moment our services are called upon, instructing you on exactly what to do the moment you are arrested or accused of such a crime. In the event you are under investigation or are placed under arrest, we intervene and ensure your legal rights are never violated.
Evidence Review
Carefully examining the evidence surrounding your case is essential to formulating a strong legal defense. Our team carefully documents receipts, assets and determines their value, working to potentially reduce the legal consequences you are facing. Further, we examine any and all evidence, including video evidence, along with analyzing the intent behind the criminal charges against you.
Negotiations, Plea Bargaining, & Mitigation
We can negotiate directly with prosecutors to find a solution that best suits your needs. Some cases afford the possibility of reducing the charges against you in exchange for a guilty plea. We can also explore the possibility of having your criminal case diverted, helping you potentially avoid a conviction entirely.
Trial-Ready Defense
At times when fighting your charges in court is the best option, our firm remains ready and capable of defending your best interests in court. We bring a wealth of experience in defending criminal matters directly in court, aggressively standing up for you and your legal rights.
Frequently Asked Questions Regarding Larceny in New York
Find answers to frequently asked questions regarding larceny in New York City.
What’s the difference between petit larceny and grand larceny in New York?
Petit larceny is larceny in which the property or goods involved are valued under $1,000. Grand larceny includes property or goods that are over $1,000.
How is the “value” of stolen property determined? (market value, replacement cost, etc.)
Prosecutors will value the stolen property under what is considered fair market value at the time of the crime itself. All available evidence will be used to determine the value of goods. For instance, in a shoplifting case, the fair market value of goods could be the price tag of the item. In other cases, an independent third-party could determine the value of the goods involved.
Can illegally obtained property be returned to avoid felony charges?
Potentially, yes.
This would be dependent on the circumstances of your case. Exploring the possibility would need to be done alongside a qualified criminal defense attorney.
Can a theft conviction affect my job, immigration status, or professional license?
Yes.
Convictions could result in your dismissal from work, the loss of your professional licenses, and potentially, complex immigration issues.
What should I do if I’m arrested for shoplifting or larceny in NYC?
You should speak with a criminal defense attorney as soon as possible. Should you be unable to speak with an attorney, request that a family or friend reach out to a law firm on your behalf.
Why Choose Rendelman Law for Your Theft or Larceny Case in NYC
Rendelman Law brings deep expertise in New York and federal criminal law, ensuring you are well-represented in criminal cases, including larceny. Our services extend beyond theft, but also white collar crimes of varying complexity. These charges can quickly grow in complexity, requiring swift and aggressive legal intervention that is personalized to your case. We bring deep experience in representing clients for both misdemeanor and felony larceny charges, offering exceptional legal representation for criminal matters of all complexity.
Reach out to us today and take part in a free, no-obligation consultation call. There is no cost to you for reaching out, and the costs of our services remain small in comparison to the lifetime of legal consequences you could be facing. We remain available 24-7, seven days a week, helping clients navigate the often complex and intimidating legal hurdles of New York’s legal system. Lean on those with deep experience in these matters, helping you reduce, and sometimes, avoid the legal consequences entirely.
Speaking with our team ensures ongoing confidentiality, as we handle the details of your case and represent your best interests at times when it feels likely no one is on your side. These matters should be taken seriously as soon as possible. Time is of dire importance in any criminal case; call us as soon as you are arrested or are under investigation for such crimes.
Contact Us Today For a Free Consultation
Julie Rendelman’s track record of favorable results speaks for itself. As a former prosecutor, she maintains deep knowledge and experience attributed to criminal defense, offering exceptional representation for an incredibly long list of criminal matters. You remain in good hands for these cases.
Contact the Law Offices of Julie Rendelman today and learn about the role we can play in defending your innocence. Call us directly at 212-951-1232 at any time of day.
New York, NY 10017
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