Theft & Larceny Basics: Understanding New York Criminal Law

When arrested or indicted for any theft or larceny crime in New York City or her surrounding suburbs, look to articles 155 and 165 of the New York Penal Law when beginning the criminal defense process. With the assistance of a New York criminal attorney or theft crime lawyer, these two articles - the New York Grand Larceny and Criminal Possession of Stolen Property statutes respectively - will give you the basic understanding and ability to become actively involved in your own defense. Although the statutes will not assist you with the practical application of laws and procedures in a courtroom or the legal decisions that interpret those crimes, the more knowledge you possess when consulting with your legal counsel the better off you will be.

Like most crimes, the Grand Larceny statutes as well as the Criminal Possession of Stolen Property crimes can be either a misdemeanor or a felony. In New York, regardless of the degree of crime you are convicted of, a misdemeanor or felony will stay on your record forever. Employer background checks will more than likely reveal this criminal record and every time you are asked if you have been convicted of a crime you must respond in the affirmative.

The two main crimes in New York prosecuted by Assistant District Attorneys and defended by New York criminal lawyers are the crimes of Petit Larceny and Criminal Possession of Stolen Property in the Fifth Degree.

• Petit Larceny: New York Penal Law 155.25
• Criminal Possession of Stolen Property in the Fifth Degree: New York Penal Law 165.40

Often time, these two criminal offenses are interchangeable. However, despite the fact that they are interchangeable, theses misdemeanor theft and larceny crimes in New York are distinct. While both crimes are punishable by up to one year in jail, Petit Larceny (NY PL 155.25) involves the wrongful taking while Criminal Possession of Stolen Property in the Fifth Degree (NY PL 165.4) involves the possession of that property even if you were not observed in the act of theft.

Much more serious than their misdemeanor counterparts, Grand Larceny in the Fourth through First Degrees and Criminal Possession of Stolen Property in the Fourth through First Degrees are the New York felony theft crimes. As examined and explained through the links below, these offenses and their degrees are tied directly to the value of the allegedly stolen property. What makes a felony arrest exponentially more dangerous than the misdemeanor arrest is that a felony crime is punishable by state prison. In fact, the lowest felony theft is punishable by up to four years in prison and the most serious felony larceny is punishable by up to twenty five years in prison.

• Grand Larceny: New York Penal Law 155.30 through 155.42
• Criminal Possession of Stolen Property: New York Penal Law 165.45 through 165.54

There are a significant number of offenses associated with theft and larceny crimes in New York. The law does not merely limit one crime to one action. For example, your alleged actions may be part of a pyramid scheme to defraud others. Maybe the allegation involves using a corporate credit card and altering records to hide the trail. Alternatively, the allegations might be a shoplift. Not an exhaustive list, the follow are some crimes charged with and alleged in theft and larceny arrests in New York:

• Falsifying Business Records
• Enterprise Corruption
• Offering a False Instrument for Filing
• Identity Theft
• Forgery
• Criminal Possession of a Forged Instrument
• Scheme to Defraud

Simply put, education is critical to any criminal allegation. What is the law? What are your rights? How are those laws applied in court? Is there any legal precedent in cases similar to yours? While these answers will not be given here, a review of this website, NewYorkTheftAndLarcenyLawyersBlog.Com, the CrottySaland.Com main website and the NewYorkCriminalLawyerBlog.Com, are all tremendous starting points.

• Valuating Stolen Property in New York: NY Penal Law 155.20

The New York criminal lawyers and former Manhattan prosecutors at Saland Law have the experience, knowledge and ability to identify potential defenses to criminal allegations as well as weakness in the same. Our criminal attorneys have successfully represented clients investigated for and charged with cases ranging from multi-million dollar theft schemes and Grand Larceny crimes in the tens of thousands of dollars to smaller multi-thousand dollar Embezzlements and shoplifting arrests. Do not further compound the situation you face by taking the wrong steps. We encourage you review our websites and blogs, educate yourself on the law and consult with one of our New York criminal defense attorneys before you compound your legal position further.