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Articles Posted in Misdemeanor Theft Crimes

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Is Asportation (the Moving / Removing of Property) a Necessary Element of a New York Petit Larceny or Grand Larceny Shoplifting Arrest?

If you take a skirt, shoes or even groceries without paying from H & M, Saks Fifth Avenue or Whole Foods respectively, well, then, you must have committed a theft. Clearly, if you walked out of the store concealing the property or just without paying you are going to get…

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When Taking Property of Another May Not be Stealing: Understanding Petit Larceny & New York Penal Law 155.25

“Stealing” is a term that we would all likely define in a similar way. Whether it is a shoplifting from Macys, Bloomingdales or Century 21 or it is a theft of a briefcase from a car or subway platform, the New York criminal law requires that certain elements be met.…

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Direct & Collateral Issues for NYC Department of Education Employees & Public School Teachers Arrested for New York Theft Crimes Part I

New York City public school teachers, just like members of any profession, are not immune from arrests, Desk Appearance Tickets (often called NY DATs), indictments or convictions for crimes set forth in the New York Penal Law. In New York City – Manhattan, Brooklyn, Queens and the Bronx – the…

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Stealing Worthless Property in New York: Have You Committed a Crime?

A very simple (yes, very simple) way to examine or understand New York’s theft and larceny laws is to look at value of property that is alleged to have been stolen. If you steal property in excess of $1,000, then your arrest would be for a felony Grand Larceny. If…

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When a Lie Leads to a Theft Conviction: Establishing Knowledge of Stolen Property at a NY PL 155.30 & NY PL 165.40 Trial

In a previous post, we explained that under New York’s larceny laws, offenses relating to Criminal Possession of Stolen Property require that a prosecutor introduce evidence showing a defendant “knowingly possessed” the stolen property in question. We explained that, given the language of the statute, courts have held that a…

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Circumstantial Proof: Can New York Prosecutors Sustain Your Petit Larceny or Criminal Possession of Stolen Property Arrest

While Grand Larceny crimes are vastly more serious than their misdemeanor Petit Larceny counterparts, the theft cases that fill the dockets of New York Criminal Courts and the calendars of New York criminal lawyers – from Manhattan, to Queens, out to Westchester and Rockland Counties- usually involve violations of the…

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Skipping Out on Your New York City Bar Tab: A Criminal Law Analysis of NY PL 165.15 “Theft of Services”

One may assume that failure to pay a bar tab automatically violates New York Penal Law 165.15. In fact, Theft of Services – a Class A misdemeanor punishable by up to one year in jail – is often the crime charged in such cases when an individual is arrested for…

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