There are very strict and unforgiving laws in New York State. The New York Penal law, when addressing financial crimes, has dollar amount thresholds that upon their breach the crime is enhanced. What this means is that if you steal by any means property valued in excess of $1,000 is an “E” felony of Fourth Degree Grand Larceny (New York Penal Law 155.30). If that amount exceeds $3,000 then it is a “D” felony of Third Degree Grand Larceny (New York Penal Law 155.35). The next thresholds are at $50,000 and $1 million. There are corresponding offenses for Criminal Possession of Stolen Property (again, it is value based for the most part barring some exceptions so the nature of the property is irrelevant). Not only is there a concern for an accused that he or she can face incarceration in prison – up to four years on an “E” felony and seven years on a “D” felony – there are other concerns for professionals and foreign nationals. Even without stepping foot in a jail, a conviction can end a career or make a person inadmissible in the future. Potentially, for the latter group of individuals, the offense could be an Aggravated Felony. Due to all of these collateral and direct concerns with felony arrests, it is imperative to formulate a plan when accused of these or any crime and your exposure is great. Unfortunately, a scenario played out for a Crotty Saland PC client who was both a physician and a foreign national.
In New York, Criminal Possession of Stolen Property fits into five separate categories or degrees when value is considered. These are Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40), Fourth Degree Criminal Possession of Stolen Property (New York Penal Law 165.45), Third Degree Criminal Possession of Stolen Property (New York Penal Law 165.50), Second Degree Criminal Possession of Stolen Property (New York Penal Law 165.52) and First Degree Criminal Possession of Stolen Property (New York Penal Law 165.54). The threshold for determining the value or dollar amount for these crimes are $1,000 or less, greater than $1,000, greater than $3,000, greater than $50,000 and in excess of $1 million respectively. Further, other than Fifth Degree Criminal Possession of Stolen Property, each of these crimes are felony offenses. Putting aside valuation (another issues not addressed here is the means by which courts determine or assess value), the basic language of a Criminal Possession of Stolen Property arrest, misdemeanor complaint or felony indictment, is that the accused knowingly possessed stolen property. Further you must also have the intent to benefit yourself or impede the owner from recovering his or her property whether it is money from a bank account, an antique watch or an iPad.
The question posed here is whether you can be arrested, charged with and ultimately found guilty by a judge or jury for any degree of Criminal Possession of Stolen Property even if you did not actually steal the property, were not present when the property was stolen, had no involvement in the actually taking and were not arrested for and charged with Petit Larceny (New York Penal Law 155.25) or any degree of Grand Larceny? The simple and short answer is “yes.”
Fraud arrests are embarrassing. Theft arrests are compromising. Larceny arrests are stigmatizing. Felony arrests in New York? Those can land you in prison. Misdemeanors? By Desk Appearance Ticket or full processing in Central Booking, there is potential for incarceration too. Whether it is a shoplifting arrest or DAT for violating the Petit Larceny statute of New York Penal Law 155.25 or Fifth Degree Criminal Possession of Stolen Property Statute of New York Penal Law 165.40, a fake identification arrest for violating the Third Degree Criminal Possession of a Forged Instrument statute of New York Penal Law 170.20, a failure to pay a cab fare arrest for violating New York Penal Law 165.15, or any other crime involving Forgery, Falsifying Business Records, Theft of Services, Scheme to Defraud or Grand Larceny, if you are regulated through FINRA or FDIC, the ramifications can be a “game changer” to your career and livelihood. While you can potentially avoid reporting certain misdemeanor crimes on your Form U4, if you are charged with any felony (even if it is later reduced or resolved in a non-criminal manner) or convicted of the same, you will have to answer for your alleged actions. Even if the offense you are accused if is merely a misdemeanor (“merely” is a relative term as New York does not expunge criminal convictions for these crimes) and the offense involves fraud, forgery, wrongful taking of property or even false statements or omissions, you will be required to report the alleged infraction. This blog entry will not address the substance and definitions of the above crimes (that can be found throughout this blog and the CrottySaland.Com website), but reporting of these arrests and convictions on your U4 and consequences associated with FINRA regulations and those involving FDIC insured banks.
The difference between a felony larceny arrest when compared to a misdemeanor larceny crime in New York is significant. After all, felonies are crimes that are more likely to negatively impact professional licenses, immigration statuses, and other privileges and rights. Further a Grand Larceny conviction, as opposed to a Petit Larceny conviction, carries a greater potential term of incarceration. In New York, for example, a PL 155.25 (Petit Larceny) conviction is punishable by up to one year in jail while a PL 155.30 (Fourth Degree Grand Larceny) or PL 155.35 (Third Degree Grand Larceny) conviction is punishable by up to four years and seven years in a New York State prison respectively. Other Grand Larceny crimes such as Second or First Degree Grand Larceny are punishable by even greater years of incarceration.
What the above information highlights is the fact that should you face an arrest or indictment for a larceny crime in New York, one of the critical questions you should ask is whether or not the dollar amount of the theft can be decreased thereby lowering the degree of the crime. In concrete terms, can a Third Degree Grand Larceny be reduced to a Fourth Degree Grand Larceny or a Fourth Degree Grand Larceny be knocked down to a Petit Larceny? The following blog entry will analyze the aggregation scenario where crimes can be increased or enhanced and one worthy of discussing with your own criminal lawyer in the event it is on point with your case.
New York theft crimes come in a variety of offenses from misdemeanor to felony and non-violent to violent. Some crimes may be punishable by up to one year in prison while others can land you in prison for as long as twenty five years. When that crime involves a vehicle theft, the value of the car usually has a direct impact on the crime. Some thefts are automatically felonies such as New York Penal Law 155.30(8). This offense, Fourth Degree Grand Larceny, makes it a felony to steal a vehicle valued in excess of $100. However, if the car is worth more than $3,000 or $50,000, the crime would be kicked up to New York Penal Law 155.35 or 155.40 respectively. These offenses carry even greater sentences of imprisonment beyond the four years associated with PL 155.30(8), aka, Grand Theft Auto.
This blog entry will deal not with the actual theft of a car, truck or SUV in New York, but the unauthorized use of the same and what conduct rises to the level of violating NY PL 165.05, Third Degree Unauthorized Use of a Vehicle.
Whether you are charged with a misdemeanor Petit Larceny, New York Penal Law 155.25, or a more serious felony including Grand Larceny in the Fourth, Third or even greater degree, New York Penal Law 155.30 and 155.35 respectively, there are certain common elements that prosecutors must establish beyond a reasonable doubt. While a conviction for PL 155.25 may “only” carry a sentence of up to one year in jail where as a conviction for PL 155.30 or PL 155.35 may be punishable by as great as four or seven years respectively, each arrest stemming from an Article 155 allegation requires the same degree of attention. The hurdle of legal sufficiency must always be overcome by prosecutors and challenged by your criminal defense attorney. This blog entry will address one of those elements or mandatory traits of a viable PL 155.25, PL 155.30, PL 155.35, PL 155.40 or PL 155.42 arrest. That is, it is it enough for a District Attorney to establish your intent to temporarily use another’s property or must they establish your intent to permanently deprive an owner of the same?
If there is such a “good” in crimes and prosecutions, arrests and accusations for shoplifting often result in the issuance of a Desk Appearance Ticket (DAT) in lieu of a person being processed through Central Booking. The “bad,” however, is that shoplifting arrests for the crimes of Petit Larceny, New York Penal Law 155.25, and Criminal Possession of Stolen Property in the Fifth Degree, New York Penal Law 165.40, are so routine that prosecutors, judges and even many inexperienced criminal defense attorneys do not blink an eye when examining an accusatory information to determine its viability and sufficiency. That is not to say these people are lazy by any means, but fatigue of seeing the same boilerplate language leads to poor results. Fortunately for one defendant, the examination of the complaint against her led to a judge dismissing the charges of Petit Larceny after the court determined there was no nexus between her actions and that of an unapprehended other individual who attempted to leave the store with stolen property. This blog entry will address the court’s decision and look at the overall value and importance of the ruling in the realm of arrests for PL 155.25 and PL 165.40.
By now everyone who provided a credit card to Ashley Madison, a real name or an address knows that hackers have exposed their personal information. Sure, what the hackers did was wrong and illegal, but there is little to nothing anyone one of us can do about that. Instead, the issue is now how do you protect yourself from would be fraudsters and criminals who have sifted through the information posted online? What if one of these individuals contacts you? Demands money? Threatens you? Is there any recourse? What, if any, crimes have been committed? Does it matter that the information is arguably public since it has been posted? This blog entry will attempt to answer some of these questions from the perspective of the New York Penal Law. Federal violations will be discussed at a later time.
Petit Larceny, New York Penal Law 155.25, is one of the most common theft crimes charged in New York, prosecuted by Assistant District Attorneys, and defended by New York criminal lawyers. Like its sister offense of Criminal Possession of Stolen Property in the Fifth Degree, New York Penal Law 165.40, this misdemeanor “shoplifting” crime is one that prosecutors can very easily draft in an accusatory instrument (called a criminal court complaint or information). In fact, in New York City’s boroughs of Manhattan, Brooklyn and Queens, there is fairly boilerplate language that is found in most complaints. Of grave concern to criminal defense attorneys, however, is whether or not the boilerplate language that is plugged into these complaints is legally sufficient and not conlusory (are there enough factual allegations and not mere conclusory statements). Whether an accused finds himself or herself before a judge during an arraignment by way of Desk Appearance Ticket (commonly called a DAT or Appearance Ticket) or after spending 24 hours in the infamous Tombs should the information be legally insufficient an attorney can file a motion for dismissal.
Embezzlement cases in New York are often some of the most difficult crimes to defend for Grand Larceny lawyers and Embezzlement defense attorneys. Yes, every case is different, but Grand Larceny by Embezzlement often involves a “smoking gun” of a paper trail. In these cases, money is transferred out of an employer’s account and into the account of an accused. As a New York City and greater New York criminal defense attorney, it no longer surprises me to see people make these boneheaded and easily traceable transactions. Even worse, from a criminal defense perspective, as much as an accused may want to apologize for the infraction, admitting the indiscretion to the police, a detective or employer makes any criminal case that much stronger. From a personal and “human” side, we can all understand that people make mistakes and making a victim whole is what we should endeavor to do, but when you are accused of a crime you should always think things through before making any statement to any party.