Reviewing New York’s lost property laws

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.

When the seriousness of a penalty far outweighs the crime, there is clearly an issue at hand. Such is the case for countless New Yorkers who have been found guilty of larceny; some, unfortunately, have already faced major repercussions. These charges, while reasonable to a degree, can ultimately damage a person’s reputation, professional life and overall wellbeing. For some, the effects of these charges have recently been halted. Independent media outlet openDemocracy shared last week that New York has reduced its jail and prison population by 50 percent — with petit larceny on the list for adjustment within the system. One reason, according to openDemocracy, is that crime rates across the nation have plummeted. Once a hub for crime, New York now prides itself over this progress, and subsequently has debunked the popular idea that reductions in crime are a result of higher incarceration rates. The following small crimes can now result in a required community service project, counselling at a local clinic, assistance with career searches and other help with readjusting into society: Petit larceny Drug possession Trespassing Riding subway with a ticket openDemocracy adds that the punishment for avoiding this process of readjustment is also strict, but that the state is one of many in the hopes that the nation is at the end of a mass incarceration era. Although the state may be on the brink of change, there are some individuals still grappling with larceny charges. Findlaw outlines some common theft defenses, first noting that there are valid defenses even in cases where the facts that led to theft are evident. One defense for this crime is claim of right, in which the defendant establishes that they were the rightful owner of the property. Intoxication is another type of defense, in which an individual argues that intoxication prevented them from intentionally stealing the property. There are other defense options, as each situation may require unique solutions.