What is “stealing” you ask? A mere taking of someone’s property without their permission or authority? Yes, in part, but actually much, much more. While those unfamiliar with the criminal law may see theft, larceny and stolen property related crimes through their own respective lenses, the New York Penal Law…
Generally, the New York Penal Law is clear as it relates to Criminal Possession of Stolen Property and aggregating the value of that property from different complainants. That is, if, for example, you had a stolen iPhone, guitar, and cash from three different people, each item could constitute a separate…
Thefts and larcenies in New York can take many different forms. New York State Penal Law 155.05 provides the various theories on which a criminal prosecution for larceny can be based. The distinctions between these various kinds of theft can be subtle, but identifying those distinctions can have an enormous…
In New York, a court may impose restitution as a component of sentence, in addition to the more commonly understood penalties of jail time, community service, orders of protection, and so on. Section 60.27 of the New York State Penal Law permits a sentencing court to order restitution to the…
Identity Theft is an issue that affects more and more people in New York and the country every year. In this digital age, criminal charges relating to Identity Theft can become extremely complex and difficult to analyze. For example, can a person unlawfully “possess” someone’s credit card number without actually…
Any conviction in New York for either Grand Larceny or felony Criminal Possession of Stolen Property carries the potential of serious imprisonment and incarceration. Even the “lowest” felony crimes – Fourth Degree Grand Larceny (New York Penal Law 155.30) and Fourth Degree Criminal Possession of Stolen Property (New York Penal…
You possess a $15,000.00 Rolex watch without the permission of the owner. You have an iPhone belonging to another person and he or she never gave you permission or authority to possess it. Certainly, if the owner never gave you the right to take, possess or have his or her…
Possessing stolen property in New York is a crime. Its likely surprising to no one – from your second cousin to your criminal defense attorney – that in addition to the theft of property, Petit Larceny or Grand Larceny, when you knowingly possess stolen property you have committed either a…
Depending how aggressive or creative a District Attorney gets, sometimes what is one simple act becomes multiple criminal charges from the onset of an arrest or at some point during the prosecution. While the law allows an Assistant District Attorney in New York to supersede an information (criminal complaint) or…
Most people rightfully think a larceny or theft occurs when they wrongfully and without permission steal or take someone’s property. Usually, but not always, that person refuses to return the property or simply doesn’t tell the victim that he or she took it in the first place. Simply, the rightful…