Long Island Theft Defense Attorney
If you or someone you love has been accused of theft in New York, schedule a free consultation with an experienced theft defense attorney at The Matera Law Firm. With over 25 years of experience, we have successfully handled cases ranging from shoplifting to grand larceny and more on Long Island and throughout New York City. Contact us today for skilled legal representation you can trust.
When someone takes another person’s property in an unlawful manner, it is categorized as theft. Another name for this type of crime is “larceny.” As a legal charge, theft does not usually involve force or the threat of force against the victim. Typically, theft involving the use of force is categorized as “robbery.” However, each legal case is unique. Being convicted of larceny in Long Island can be devastating to your reputation, career, and personal life. There are many different categories of New York larceny charges. As a result, the penalties for theft vary widely. Instances of larceny in New York City have been decreasing over the past few years, but they are still very high.
According to a study from the New York State Division of Criminal Justice Services, there were 225,880 instances of larceny in New York in 2019. If you or someone you love has been charged with larceny, you deserve a strong defense. Contact an accomplished theft defense attorney as soon as possible. Having an effective defense is contingent on finding the best legal representation in Long Island. The skilled lawyers at The Matera Law Firm will work hard to protect your rights. Our firm employs former prosecutors. This gives our team a perspective that other firms lack.
The attorneys at The Matera Law Firm know how to effectively defend against all types of larceny charges. Whether you are facing allegations of shoplifting, embezzlement, or grand larceny, we can help. Our team has over 25 years of combined legal experience that we can put to good use for your case. Contact our Long Island theft defense attorneys today to schedule a no-cost consultation to discuss the facts of your case.
What Are The Primary Types of Larceny in New York?
There are many distinct categories of larceny under New York state law. New York statute 155.05 details eight different kinds of larceny. A knowledgeable theft defense attorney can defend against any type of larceny charge. The four primary types of theft charges are:
Larceny by trespassory refers to the taking of property without the consent of the owner. This is the most common type of theft charge.
Larceny by trick involves the use of fraudulent statements and misrepresentations. When someone lies or deceives another person to take their property or assets, this category is applicable.
Embezzlement is a more complex type of larceny. This type of theft occurs when:
- The perpetrator has lawful possession of someone else’s property or assets
- The perpetrator converts the property for their private use
- The perpetrator does not intend to return the property
One of the most common examples of embezzlement occurs when employees steal business assets for their own use. This type of larceny typically occurs in corporate contexts. Embezzlement can be as simple as an employee misusing company funds. This type of crime can also occur as a part of a complex scheme. For example, some Ponzi schemes have defrauded investors of massive amounts of money. A charge of embezzlement can ruin your personal and professional reputation, even if you are not convicted. Speaking with an accomplished theft defense attorney is the surest way to overcome the allegations against you.
Theft by false pretenses involves obtaining property or assets through intentionally false statements. The false statements must misrepresent a material fact with the intent to take possession of someone else’s property. Larceny by false pretenses involves the intention to mislead another person for personal gain.
Four Additional Types of Larceny
There are four additional types of theft under New York state law. These derivations were developed more recently to address certain loopholes in the previous laws. These four larceny conditions include:
- Theft by obtaining lost property or assets
- Theft by issuing a kited check
- Theft through false promises
- Theft through extortion
Extortion occurs when the perpetrator uses the victim’s fear to acquire their property. The victim may be afraid of the perpetrator using physical force or some other harmful outcome. No matter what the circumstances or the type of larceny charge that you face, The Matera Law Firm can help. Our accomplished theft defense attorneys can handle any larceny case. We have years of experience protecting those accused of theft in Long Island.
What Are The Levels of Severity in New York Larceny Charges?
Most states have different degrees of larceny charges, and New York is no exception. The two primary types of theft are grand larceny and petit larceny. There are multiple degrees of grand larceny.
Petit Larceny This is the lowest-level larceny charge under New York state law. Petit larceny charges involve stolen property of no more than $1,000. This type of theft is categorized as a Class A misdemeanor. Those convicted of petit larceny face up to 364 days of jail time and a fine of $1,000.
Fourth-Degree Grand Larceny
This type of charge covers many different circumstances. The most common instances of this charge involve:
- Stolen property valued at more than $1,000
- Stolen debit or credit cards
- Threat of harm to the victim’s reputation or business
- Stolen rifles, shotguns, or other firearms
- A stolen vehicle worth more than $100
This degree of grand larceny is a Class E felony. Penalties include up to four years of prison time and a $5,000 fine. In some cases, the fine may be set at double the stolen amount.
Third-Degree Grand Larceny
If the value of the stolen assets is more than $3,000, a third-degree larceny charge is applicable. Third-degree larceny charges also result from cases involving theft of automated teller machines or their contents. This type of theft is a Class D felony. A conviction carries a maximum sentence of seven years in prison and additional fines.
Second-Degree Grand Larceny
Cases involving more than $50,000 qualify as second-degree grand larceny. Other circumstances in which a second-degree charge are applicable include:
- Extortion involving threat of physical harm
- Extortion involving threat of property damage
- Larceny involving abuse of a position of public service
A conviction of second-degree grand larceny carries a sentence of up to fifteen years in a state prison, in addition to fines. This charge is a Class C felony in New York.
First-Degree Grand Larceny
A first-degree grand larceny charge is the most serious theft charge in New York. If you are facing any type of grand larceny charge, speak with a skilled theft defense attorney. First-degree grand larceny charges are only possible in cases involving $1,000,000 or more of stolen property. As a Class B felony, the sentence for this type of crime is a prison sentence of up to 25 years, along with fines. Shoplifting charges are a different category of larceny. There are both civil and criminal penalties for shoplifting convictions. Although some types of theft carry heavier sentences than others, any type of larceny charge is serious. A qualified Long Island theft defense attorney can build a powerful criminal defense for you.
Contact the Premier Long Island Theft Defense Attorneys
If you are facing allegations of theft, secure legal representation as soon as possible. At The Matera Law Firm, our legal team has the knowledge and experience to effectively defend your rights. We offer a free initial legal consultation to new clients. Our theft defense attorneys will thoroughly examine the facts of your case and help you to determine the best defense strategy. With over 25 years of combined experience, our attorneys are among the best in Nassau and Suffolk counties. Contact the team at The Matera Law Firm today for a skilled theft defense attorney you can trust.