The criminal charge of Scheme to Defraud in New York often arises in the context of intricate and large-scale thefts. As such, there is typically a Grand Larceny or other theft-related offense accompanying the Scheme to Defraud charge on a felony complaint or indictment. While it is tempting to see…
New York Theft and Larceny Lawyers Blog
Identity Theft Crimes: Is it Criminal to Possess a Credit Card Number without the Actual Credit Card
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…
New York Martin Act and Scheme to Defraud: Important Criminal Defense Issues and Differences
Financial crimes such as New York Scheme to Defraud and charges under the New York Martin Act are notoriously complex and difficult to understand and interpret. This complexity only becomes more significant when there are, as is typically the case with such criminal charges, hundreds of thousands of pieces of…
Grand Larceny and Related Thefts: Further Defining “Owner” of Property for the Purpose of Theft Crimes in New York
In New York, in order to be charged and convicted of a theft-related crime, it generally must be alleged that the defendant stole the property from an “owner” of that property. In other words, you can’t steal property from someone who doesn’t own that property, and you can’t steal property…
Adding Up Larcenies and Thefts in New York: Legal Concept of Grand Larceny Aggregation
Grand Larceny in the State of New York is a serious felony offense that carries with it the possibility of significant state prison time. There are multiple degrees of Grand Larceny, from First Degree to Fourth Degree, which can have vastly different consequences and sentencing ranges. One of the key…
NY Grand Larceny and Criminal Possession of Stolen Property Convictions: Does NY PL 80.00 Allow Courts to Fine You in Addition to Mandating Restitution Upon Conviction
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…
Understanding the Elements of “Taking” and “Owner” in a New York Grand Larceny Arrest and Case
Grand Larceny in New York is a theft or stealing when the value of the property wrongfully taken into your possession is greater than $1,000.00. This type of theft is defined as a Fourth Degree Grand Larceny according to New York Penal Law 155.30. As repeatedly noted throughout countless blogs,…
New York Criminal Possession of Stolen Property: Must the Prosecution Establish Your Knowledge the Property You Possessed was Stolen
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…
How Far Must You Go Before the Police can Charge You with a New York Attempted Grand Larceny or Attempted Petit Larceny
Larceny crimes are fairly straight forward in New York State much like any other jurisdiction. If you steal property, irrespective of its value, and your intention is to keep it for yourself or from the rightful owner or possessor, you have committed either a Petit Larceny or a Grand Larceny…
Blackmail and Extortion: Indirect Threats Still Violate the New York Criminal Law
What are the laws defining Blackmail in New York? Is Blackmail merely another word for Extortion? Are either one or both of these – Blackmail or Extortion – technically crimes in New York State? What is my recourse if I am either a victim of Extortion or, alternatively, accused of…