Under the New York Penal Code a person in New York commits the crime of larceny if they take the property of another intending to deprive that person of the property or intending to keep the property for himself. There are numerous ways larceny can be committed. One of these is by extortion.Extortion takes place when a person forces another party to give the person property, causing the other party to fear that if this is not done, the person will commit one of the following acts. One is the threat that the person will physically injure the other party in the future. Another is a threat to damage the property. The third is to threaten to commit another crime. The fourth is to threaten to accuse the other party [...]

Organized retail theft refers to shoplifting on a much larger scale. Generally, a person commits organized retail theft or fraud if they work with other parties to steal from retailers with the intent of reselling the stolen items for financial gain. Two New Yorkers are now facing various theft-related criminal charges, including first-degree forgery, organized retail theft, third-degree larceny, possession of shoplifting devices and conspiracy to commit organized retail theft and third-degree larceny.The man and woman were stopped by police for making an unsafe left-hand turn. During the stop, officers found an expired vehicle registration that did not belong to that vehicle.The men were arrested after police searched the vehicle and reportedly found stolen merchandise from a local mall worth $4,000 and hundreds of dollars in counterfeit bills. Officers also [...]

Sometimes mistakes are made. A person in New York might accidentally take property they think is theirs. Other times, however, a person purposely steals property, with no intent of giving it back to its owner. When this happens, it may constitute the crime of larceny.Under New York Penal Code $155.05, an individual commits larceny when he or she takes property without the property owner's permission and with the intention of permanently depriving that person of the property. There are a number of ways a wrongful taking can take when it comes to larceny.One way is known as common law larceny. This is when a person commits a trespassory taking or a taking by trick, embezzlement or false pretenses. Another way is if a person writes a bad check. A third [...]

Many people use larceny, burglary and robbery interchangeably when describing crimes of theft. However, in the world of criminal justice, there are significant differences between each of these terms. Each theft crime has its own set of elements that prosecutors must prove to get a conviction.Additionally, a person convicted of burglary may face very different consequences than someone who committed petty theft. Experienced New York criminal defense attorneys generally know the specific defenses that can be raised for each of these crimes.Theft or larceny is a general crime that refers to the unauthorized taking of property from someone with the intent of permanently depriving the owner of the property. Larceny can be classified as a misdemeanor or felony, depending on the value of the items stolen and other factors surrounding [...]

Shopping is a staple of New York City life, and as a result, stores have to deal with a great deal of shoplifting. If you have been accused of shoplifting, the prosecutor on your case will have to prove a number of elements in order to convict you. You and your defense attorney can work together to come up with ways to dispute the prosecutor's arguments and avoid conviction.In legal terms, shoplifting is often referred to larceny or theft. The prosecutor will attempt to prove that you wrongfully took, obtained, or withheld property belonging to someone else. They must also prove that when you took these items with the intent to deprive the person, store, or other entity of property. Prosecutors will often present evidence such as surveillance footage, witness [...]

Facing theft charges is intimidating, especially if one does not know the potential penalties. Courts will consider many different factors when determining the sentence.For theft criminal charges, the first thing courts will consider is the type and value of the stolen property. If the property is less than $1,000 in New York, the crime qualifies as a petty theft and classified as a misdemeanor. For more valuable property, the accused may be charged with grand theft, which is a felony. Misdemeanors generally carry lesser fines and prison sentences of less than a year, whereas felonies may lead to hefty fines and longer prison sentences.In addition, courts will consider the alleged offender's criminal history and whether they have ever committed a theft before. A first-time offender will often receive a lighter [...]

In New York, and a number of other states, larceny is a term used to refer to the crime of common theft. While robbery and burglary are forms of property theft, larceny is its own separate crime. Petty larceny refers to smaller property thefts with property valued at $1,000 or less and can result in up to one year in jail. Grand larceny, on the other hand, involves the theft of higher value items and can result in anywhere from one to 25 years in prison, depending on the value of the item. Typically, stealing items ranging from $1,000 to $3,000 will result in a 4th degree felony, whereas stealing items worth $1 million or more will result in a 1st degree felony.If you were arrested and charged with larceny, [...]

Credit cards, especially cards issued to businesses for use by their employees, are frequent targets for theft or larceny. An administrative assistant at an exclusive prep school in New York City has been arrested and is facing criminal charges for using a school-issued credit card to purchase luxury goods and $150,000 in gold bullion.The employee was an administrative assistant at the school who reported to the director of fund raising. Ironically, her job was monitoring the school's credit card accounts. She is charged with using the school's credit card to purchase gold bullion and several hundreds of thousands of dollars' worth of clothing and jewelry. Among the allegedly illegal expenditures was a trip to Los Angeles. The district attorney's office is still investigating an additional $50,000 in alleged thefts.Most of [...]

Identity theft schemes might make for good stories on the nightly news, but it is important to remember that not all of those accused of identity theft are actually guilty of the crime. Individuals in New York need to understand what constitutes identity.Under New York law, an individual commits first-degree identify theft when he or she knowingly and with the intention to defraud assumes the identity of an individual, acting as the other individual or by utilizing the other individual's personal identifying information.And, to commit first-degree identity theft, the individual needs to either obtain property, funds, services or use the credit of the other individual in an amount that goes above $2,000; or cause the other person to suffer a financial loss of over $2,000; or commit or tries to [...]

Some people in New City may be trying to get a head-start on the holiday shopping season, or at least may be preparing for the upcoming Black Friday" sales in stores nationwide. HoweverAccording to the Clarkstown Police Department, two individuals have been accused of shoplifting from the West Nyack Victoria's Secret store in the Palisades Mall. The act allegedly occurred November 8 at approximately 8:50 p.m. The accused include a 21-year-old woman and a 15-year-old boy. Both of the accused are reportedly from the Bronx. A loss prevention employee reportedly saw the two individuals stealing clothing from the store. The value of the goods allegedly stolen was around $1,371.The two individuals were placed under arrest at the scene of the alleged act. They are now facing charges of fourth-degree grand [...]