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Articles Posted in Misdemeanor Theft Crimes

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Legal Sufficiency & the Minimum Requirements of a NY PL 155.25 or NY PL 165.40 Case

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,…

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Petit Larceny Shoplifting Arrests: Understanding the Asportation Element in New York

It certainly is not used in the everyday lingo of a non-lawyer and rarely used by those who are practicing attorneys, but asportation is a term that a New York criminal defense attorney or New York theft lawyer should be keenly aware of. More specifically, the importance of this term…

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New York Untaxed Cigarette Crimes: Potential Criminal Liability without Actual Possession or Involvement in a Criminal Transaction

Most New York tax crime lawyers who are also experienced criminal defense attorneys represent clients charged with committing “tax fraud acts” as defined and identified in New York State Tax Law sections 1802, 1803, 1804, 1805 and 1806. These New York tax crimes, however, are certainly not the only potentially…

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Shoplifting Arrests in New York While Inside a Retail Store: A Review of the New York Legal Standard

Its a common theme or perceived defense to shoplifting in New York City that routinely rears its head from those accused of shoplifting and attorneys not necessarily familiar with how to defend a shoplifting arrest. “I didn’t leave the store so how can I be guilty of a crime involving…

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New York Second Degree Grand Larceny Arrest for more than $100K & Attempt for $275K Results in Misdemeanor and “Time Served”

If being accused of a New York felony isn’t scary enough, being arrested for a felony crime where your immigration status stands in the balance certainly is. A Saland Law PC client accused of stealing more than $100,000 and attempting to steal an additional $275,000 from a client of the…

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What? The New York City Police Arrested Me for Shoplifting and I never Left the Store??! How can that be?!

It is fairly common for store security at Macy’s, Bloomingdale’s, Century 21 or any other New York City department store in Manhattan, Brooklyn or Queens, to “jump the gun” when apprehending or detaining an individual for shoplifting. Often time, an arrested shoplifter in New York is accused of placing items…

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Fraudulent Accosting: Must You Initiate Contact with a Complainant for an NY PL 165.30 Arrest to be Valid

Not necessarily the most serious of all theft and larceny related offenses in New York, Fraudulent Accosting is still a crime that not only can land you behind bars for up to one year, but a conviction for New York Penal Law 165.30 is permanent. In other words, it ain’t…

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Overzealous & Eager Store Security: When Your Innocent Acts Lead to a Wrongful Shoplifting Arrest in NY

Shoplifting arrests throughout New York City are relatively common events. Sadly, whether it is at Bergdorf Goodman in Manhattan, Century 21 in Queens or any other department store in Brooklyn, often time an overzealous or moderately experienced store security officer is all to eager to assume you were shoplifting. Even…

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Putting Yourself in the Best Place to Defend Against a New York Theft & Larceny Arrest

No two cases in New York involving arrests for theft crimes such as Grand Larceny and Criminal Possession of Stolen Property are alike. Sure, there may be similarities in two Embezzlement cases or two felony Grand Larceny shoplifts, but beyond similarities in the technical arrest or indictment charge, there are…

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Using the “Obvious” as Part of the Criminal Prosecution or Defense to a NY Criminal Possession of Stolen Property Arrest

While it is sometimes fairly easy for prosecutors to establish the crime of Criminal Possession of Stolen Property after a defendant admits to knowing the property is stolen or the defendant is observed actually stealing the property, not all arrests and indictments in New York for Criminal Possession of Stolen…

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