Theft charges are no laughing matter in New York. Please read this as we explore the potential defenses you can raise to protect your rights and how an experienced Rockland County Shoplifting Attorney can assist you.
What is Theft?
In New York, theft is defined as the wrongful taking, obtaining, or withholding of another person’s property with the intent to deprive them of it permanently. Theft encompasses a wide range of offenses, including shoplifting, extortion, embezzlement, or obtaining property through false pretenses.
The value of the property stolen determines whether it’s a misdemeanor or felony. If the value of the stolen property is $1,000 or less, the charge is petit larceny, a misdemeanor. If the value of the stolen property exceeds $1,000, the charge is enhanced to grand larceny, a felony. Generally, you can face steep fines, restitution, community service, probation, and jail time for theft.
What Are Common Defenses Against Theft Charges in New York?
It’s important to understand that criminal defense strategies will vary depending on the type of theft and the unique circumstances surrounding your case. As such, it’s crucial to understand the nuances of this crime and the legal defenses that may apply to your case. The following defenses may be available:
- Lack of intent: One of the most common defenses against theft charges is the lack of intent to steal. To be convicted, the prosecution must prove that you intentionally took the property without permission and intended to keep it permanently. If you can prove that you did not have this intent, you may avoid a conviction.
- Mistaken identity: The prosecution must prove beyond a reasonable doubt that the defendant was the individual who committed the theft. If you are not the culprit and have a strong alibi, you may be able to argue mistaken identity.
- Mistake of fact: If you mistakenly believed that you had the right to take the property, such as believing it was yours, you thought you had permission, or you believed you were merely borrowing it, this mistake could negate the intent required for this crime. You must prove that you made a genuine mistake and that the mistake was reasonable under the circumstances.
- A valid claim of ownership: If you can demonstrate that you had a legitimate claim to the property in question, this could be a strong defense. You must provide substantial evidence to establish ownership. Similarly, if the owner consented to taking the property, it could help defend against your theft charges.
- Duress: If you were forced to commit the theft due to threats or coercion, you could raise the defense of duress. You would need to demonstrate that you had no other option.
- Entrapment: If law enforcement induced you to commit a theft, you have a defense. You may argue that entrapment violated your right to due process.
At The Law Office of Carl Spector, we are prepared to help formulate a robust defense strategy to shield you from an uncertain future. Connect with our firm today to learn how we can fight for you during these difficult times.
