Do you need an attorney if you have been arrested for shoplifting in New York City? Do I need legal counsel for an arrest at the Palisades Mall or The Westchester charging me with shoplifting in Rockland County or Westchester County respectively? The short answer is an easy one. Yes.…
There are three degrees of Robbery in New York State all of which are felony crimes. Third Degree Robbery, New York Penal Law 160.05, Second Degree Robbery, New York Penal Law 160.10 and First Degree Robbery, New York Penal Law 160.15. Each of these crimes, ranging from Third to First…
In New York, there are several criminal charges unique to the jurisdiction, whether it’s in Manhattan, Brooklyn, Queens, the Bronx, or upstate in Rockland or Westchester County. The first of these not-so-obvious criminal statutes is Unauthorized Use of a Vehicle, PL 165.05, 165.06 and 165.07. A person may be charged…
In New York, general theft-related crimes are referred to as “larcenies.” A crime of larceny essentially boils down to an allegation that a person, the defendant in a criminal case, stole property. There are many different ways in which a person steals property under the Criminal Procedure Law and Penal…
Health care, and issues surrounding the same, is discussed almost daily on the radio, television and internet. Simply, health care is a daily part of our lives in both the political and literal sense. While we may know about “Obama Care,” attempts to repeal the Affordable Health Care Act, Medicare,…
Petit Larceny is a misdemeanor not a felony, right? After all, New York wouldn’t call New York Penal Law 155.25 “Petty Larceny” if it was a felony crime. Even if you look at New York’s Larceny statutes in New York Penal Law Article 155.00, Petit Larceny, codified as NY PL…
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…
The New York Martin Act, New York General Business Law Section 352 and 352-C, is a state statute in New York that provides for civil and criminal penalties for securities fraud. The Martin Act is analogous to federal and other state securities fraud statutes, with certain key differences. One of…
It is difficult for many people to imagine being convicted of Petit Larceny, PL 155.25, for stealing items from a department store without ever leaving that store. “How can you prove I was going to steal anything if I’m still inside the store?” You can’t give me a Desk Appearance…
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…