Petit larceny: when a penalty far outweighs the crime

Most in Mineola might think that a charge of larceny would be fairly simple to either prove or disprove: either one stole something, or he or she did not. Yet as is the case with many areas of the law, fighting such an accusation is not always that simple. In some cases, one might have acted in a manner that he or she thought was completely legal (even at the advice of others), only to later face allegations that he or she stole something. Such is the claim being made by the mayor of Mount Vernon. The mayor is claims that he was acting on the advice of his legal counsel when he redirected $45,000 in inauguration committee funds as well as $12,000 in campaign funds. He says that both were meant to be compensation for work he put in campaigning. He also states that he followed proper procedure in recording the transactions, an assertion that is being disputed by the state’s Attorney General. The Attorney General claims that the mayor lied about the use of the money, using it to pay for his cars, his rent and personal travel expenses (among other things). While the mayor has ignored calls to resign, if convicted he would be removed from office. The first reaction that many may have when people deny any wrongdoing in cases such as this is to roll their eyes. Yet it should be remembered that people are innocent until proven otherwise, and deserving of the chance to refute any criminal allegations that are made against them. Those who may need help in mounting a defense to larceny charges may find it in the form of a seasoned criminal defense attorney. Source: Westchester Magazine “Mount Vernon Mayor Arrested on Charges of Grand Larceny: What You Need to Know” Zucker, Dave, Mar. 20, 2018

To the average New Yorker, it might seem that theft is a simple act, with a simple defense; either someone took something without permission or they did not. However, there may be an easy—or at least honest—explanation of why you have the item in your possession. Every case is different, but there are several defenses for theft or larceny. Returned property According to FindLaw, if you can show that you meant to return the item even as you took it, you may be able to make a case for intending only to borrow, or perhaps you simply forgot to return it. It is not uncommon to defend against theft charges in this manner. Sometimes, people will offer to return the item to prevent prosecution or to show remorse. Although its return will not alter the charges, prosecutors may be inclined to work out a plea deal or reduce penalties. Intoxicated During Larceny It may sound silly, but intoxication may be a viable defense if you can show that taking the item was just a mistake. When a person is under the influence of drugs or alcohol, they may be unable to fashion the intent to steal. For example, if you grab someone else’s purse as you leave a party, you may not have been aware of it if you were inebriated. Entrapment If you have been coaxed into stealing something that you would not have taken otherwise, you may be able to claim entrapment. This can happen if the one who entices you suggests the theft, all with the intent is to arrest and prosecute you. You Own the Item Perhaps you lent something to a friend a long time ago and both of you forgot about it until you saw it again and took it home. This can easily happen when neighbors borrow lawn tools and forget to return them, or maybe it was a pair of designer shoes. Whether it is an honest mistake, an error or simply reclaiming your property, you may have several reasons for taking something. If you are facing theft or other charges, you may want to consider consulting an experienced defense attorney. This article is informational only; it should not be considered legal advice.

New York is easily known as one of the biggest shopping meccas in the world. Tourists and locals alike flock to its diverse and alluring shopping centers, but with this popularity comes the occasional shoplifting incident. While state laws work to deter shoppers from pocketing products, those found guilty of this crime can sometimes deal with the repercussions to exhausting lengths. Below are some accessible facts about shoplifting, including state laws and common defenses for theft charges. Findlaw lists the basics when it comes to shoplifting charges in the state, pointing out that multiple sides of an incident can often exist. Although theft accusations are serious, prosecutors must prove the crime took place. Otherwise known as larceny in New York, shoplifting can also result in a commercial burglary charge — devices used to disarm security tags, for example, could constitute as evidence of planned theft before entering the store. Penalties range from petit larceny to grand larceny, with fines of up to $5,000 or more depending on incident specifics. The penalties may be steep, but there are a number of options when it comes to making a defense to a shoplifting charge. Those defenses, as Psychology Today highlights in an article on shoplifting, can become complex. Unlike those who cope with addictions to stealing, some shoplift out of a need to support family or were victims of entrapment; others strive to defend shoplifting accustions as a result of one intoxicated night out on the town. Younger crowds may face peer pressure to steal, which Psychology Today notes is highly common. Some might argue that, in cases of poverty, there are alternative resources and programs that offer supplies, but accessing food and other items is not always a simple task. A shoplifting charge may seem an overwhelming mess to untangle, but the key lies in the proof — or lack thereof — that the theft took place.