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Theft, often referred to as larceny in New York, is defined as the unlawful taking of someone else’s property to deprive the owner of it permanently. This legal definition covers a broad spectrum of theft offenses, ranging from instances of shoplifting to cases of embezzlement. The core of theft is the intent behind the action, which is a pivotal aspect in legal proceedings.
Here is a list of common theft offenses in New York:
In New York, theft offenses are categorized based on the nature and value of the property stolen. Key distinctions include Petit Larceny, which involves property valued at $1,000 or less, and Grand Larceny, for higher-value items. Grand Larceny is further broken down into degrees, with increasing severity based on the value of the stolen property.
Proving intent is a cornerstone of prosecuting theft cases. The prosecution must demonstrate that the defendant intended to take property without permission and with no intention of returning it. This subjective element can often be the most challenging aspect of a theft case.
The value of the stolen property is pivotal in determining the severity of the charge. Furthermore, establishing ownership is critical, as theft requires taking property that belongs to someone else. Disputes over the actual value and rightful ownership can significantly impact legal proceedings.
Upon arrest for a theft charge, the defendant is typically taken into custody and then arraigned before a court. The charges are formally presented during arraignment, and bail conditions are set. This initial stage is critical for setting the tone of the case.
Defendants in theft cases have several rights, including:
Defendants must know these rights to ensure they are not infringed upon during the legal process.
Given the complexities of theft laws and the potential consequences of a conviction, having knowledgeable legal representation is vital. A skilled attorney can navigate the legal system, protect the defendant’s rights, and formulate a robust defense strategy.
Our experienced New York theft defense lawyers at Jonna Spilbor Law are highly experienced in all types of theft crimes, and our firm will work hard to reduce or dismiss your theft charges. For exceptional legal service, contact our theft lawyers at Jonna Spilbor Law at (845) 485-2529. We have office locations throughout the Hudson Valley & New York City.
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