Shoplifting

Published on: May 8, 2012

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. Assuming your shoplift or theft is equal to or less than $1,000 in value, the charge you will face through a Desk Appearance Ticket or a “regular” arrest will be either Petit Larceny (New York Penal Law 155.25) or Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40). Both “A” misdemeanors, NY PL 155.25 and NY PL 165.40 are punishable by one year in jail.

Obviously, before throwing your hands up in the air and surrendering to the consequences of an alleged shoplifting or theft arrest, you should consult with a New York criminal defense attorney to identify what defenses you have in terms of challenging the evidence or mitigating your conduct. Assuming it is applicable to the allegations in your arrest for either Petit Larceny or Criminal Possession of Stolen Property in the Fifth Degree, one defense may be to ask a court to dismiss the charges against you because the complaint is not sufficient. In other words, prosecutors have not satisfied the elements of the crimes in the paper filed with the court that contains the criminal accusation. Depending on the circumstances, the following case may be a weapon you and your lawyer utilize for your defense. If nothing else, the case below will help an individual unfamiliar with the legal process in criminal court understand that process a little better.

Published on: April 16, 2012

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

By Jeremy Saland

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 Department of Education dictates certain types of crimes that can devastate or end the career of a teacher whether that offense stems from a misdemeanor DAT or a felony arrest. As such, the New York City Department of Education requires the reporting of these arrests. Whether or not you ultimately seek the guidance or representation of a New York criminal lawyer or defense attorney at your arraignment, it is critical to understand what you may face in the criminal court as well as in the classroom.

Briefly, and before discussing the reporting requirements for teachers arrested in NYC as mandated by the NYC Department of Education, there are five common misdemeanor crimes that the criminal defense attorneys at Saland Law PC have either prosecuted as Assistant District Attorneys in Manhattan or defended as criminal lawyers. In no way, however, is this an exhaustive list. These crimes are shoplifting pursuant to Petit Larceny (NY PL 155.25) or Criminal Possession of Stolen Property in the Fourth Degree (NY PL 165.40), Theft of Services (New York Penal Law 165.15), Assault in the Third Degree (NY PL 120.00) and Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03). Because this blog is dedicated to theft and larceny crimes in New York, the latter two offenses will not be addressed here (extensive information on these crimes is available on our sister blog and website at New-York-Lawyers.org as well as NewYorkCriminalLawyerBlog.Com).

Published on: March 30, 2012

Defining “Owner” in a New York Grand Larceny or Petit Larceny Case

By Jeremy Saland

Whether it is a shoplifting arrest for New York Penal Law 155.25 or an Embezzlement arrest for Second Degree Grand Larceny – New York Penal Law 155.40, there are certain critical elements that are fluid or consistent amongst all New York theft and larceny crimes. Certainly, your New York criminal lawyer or defense attorney will analyze the evidence in each allegation and apply the applicable law to determine whether or not the prosecution is able to prove their case beyond a reasonable doubt, but some of that analysis will be the same across all theft arrests. In non-legal terms, your counsel will seek to refute or challenge an Assistant District Attorney’s allegation that you took property from another person who had a superior right of possession and did so for your own benefit or to prevent the owner from retrieving it. Keep in mind that while value is directly related to the degree of the crime, it is not a requirement to prove a base level larceny.

If you noticed above, I used the terms “superior right” and “owner” when describing the elements of a Grand Larceny or Petit Larceny crime or arrest. Are these terms interchangeable? What is an “owner?”