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Articles Posted in Theft Offenses

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The New York criminal lawyers and former Manhattan prosecutors at Saland Law PC have represented all types of professionals from teachers to physicians and lawyers to architects in criminal investigations and arrests. Our criminal attorneys have represented these professionals in arrests ranging from Petit Larceny Shoplifting (NY PL 155.25) and Theft of Services (NY PL 165.15) to Assault (NY PL 120.00) and felony Grand Larceny (NY PL 155.35). Because these professionals don’t merely have their criminal case to be concerned about, our New York criminal defense attorneys at Saland Law PC routinely discuss the collateral consequence of an arrest and conviction with these clients. Now, according to reports, there may be an additional and grave concern for teachers arrested or given a Desk Appearance Ticket for any criminal charge ranging from Criminal Possession of Stolen Property (NY PL 165.40) to Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03).

According to reports, a New York State Senator has proposed legislation that will have dire consequences for teachers convicted of any crime (misdemeanor or felony). Regardless of any of our personal beliefs on the value of the tenure system or whether we believe the United Federation of Teachers serves themselves or students first, the bill in the New York State Senate appears to give a mayor of New York City the ability to terminate teachers convicted of crimes. According to one report, there are in excess of 500 teachers that still hold their jobs despite the fact that they have been convicted of a crime. While I have not read the bill, reports appear to indicate that Mayor Bloomberg, and his successors, would have the ability to dismiss these and future teachers convicted of crimes.

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As a New York criminal lawyer and former Manhattan prosecutor, I have handled countless crimes involving Grand Larceny in New York ranging from a couple of thousands to tens of millions of dollars. Over the past couple of years, I have successfully kept individuals out of prison, obtained reductions in cases from felonies to misdemeanors and even avoided criminal records for clients charged with and investigated or arrested for Grand Larceny. In fact, the New York criminal defense attorneys at Saland Law PC convinced prosecutors to drop an investigation and potential arrest of a client accused of a multi-million dollar tax fraud case. Because no case is routine and every case is unique, no lawyer can tell you that their past results will guarantee similar ones in the future (if they do, walk immediately away). However, what an experienced New York criminal lawyer should be able to do is explain the potential deals or offers that may be made should you decide working out a disposition is the appropriate defense in your case as opposed to confronting the charges head on and forcing the prosecution to prove their case beyond a reasonable doubt.

For the sake of this entry, we will assume our hypothetical client, Mr. X, is charged with Grand Larceny in the Second Degree (New York Penal Law 155.40) for stealing or embezzling property (in this case money, but it need not be) valued in excess of $50,000, but $1,000.000 or less. It is important to note that there is no mandatory minimum term of incarceration for a first time offender, but there is a potential maximum punishment of 5 to 15 years is prison. If you are a predicate felon, the mandatory minimum is 3 to 6 years in prison and the maximum is 7.5 to 15 years in prison.

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As I addressed in an earlier entry in Saland Law PC’s New York Criminal Lawyer Blog, Embezzlement arrests and indictments go well beyond Grand Larceny charges. In New York, the laws of and crimes pertaining to Embezzlement can often come crashing down like a ton of bricks. While an experienced white collar and New York Embezzlement lawyer will be able to dissect your case to ascertain the appropriate defense, the following entry addresses additional crimes that you may face if you are charged with a Grand Larceny Embezzlement.

Identity Theft in the First Degree

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When one thinks of Embezzlement in New York, one usually thinks of a Grand Larceny type scheme. While this may be true, experienced New York criminal lawyers will tell you that an Embezzlement based Grand Larceny investigation, arrest or indictment may only be the tip of the iceberg. In fact, while one’s main objective may be a theft, there are numerous other crimes that one may face if one is charged or arrested for Grand Larceny by Embezzlement in New York.

A savvy and experienced prosecutor is likely able to throw a litany of charges at you that tie back to a Grand Larceny and Embezzlement arrest. If one doesn’t stick, the prosecutor realizes that there are many additional charges that may. Obviously, some Embezzlement charges in New York are more serious than others. For most people, however, any type of felony conviction will cripple their career. While no New York criminal defense attorney can guarantee a particular result in the face of an Embezzlement charge, arrest or indictment, he or she should be able to assess your case, discuss the possible charges and implement a defense.

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If your arrest for Shoplifting in Manhattan or issuance of a Shoplifting Desk Appearance Ticket in Brooklyn was not enough, a store security guard just tried to intimidate you into forking over hundreds of dollars to settle a future suit against you by the retailer. Obviously, you have consulted with a New York Shoplifting lawyer who has experience representing clients arrested for Petit Larceny (New York Penal Law 155.25) and Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40). During that discussion with your New York criminal defense attorney you addressed the criminal consequences of a conviction or plea and collateral consequences to certain dispositions, but you may have forgotten to have a conversation regarding the civil ramifications. New York General Obligations Law Section 11-105 is the statute in New York State that gives retailers the authority to pursue civil actions against those arrested for or accused of crimes such as Shoplifting. It is extremely important to note, for a retailer to pursue this remedy for your allegedly criminal conduct, the retailer does not have to wait for a conviction or resolution of the case. In fact, it is fairly typical for store security officers to shove an agreement to pay a fine in the face of a detained person. They then prey on this fear to force or coerce that person to pay a ridiculous fine…even if he or she is innocent. Unfortunately, the law allows retailers to collect up to five times the value of the stolen property or $500 (whichever is greater).

If you survived being bullied into paying this fine, whether or not you do so in the future is something you should discuss with your New York criminal defense attorney. Will a suit against you be filed? What is the likelihood? If one is filed and you do not respond, will a judgment be entered against you? How will this impact your credit? Will lawyers or a collection agency pursue you? Again, these are questions you should be asking your counsel who should not only be discussing criminal and collateral consequences of a Shoplifting arrest or Desk Appearance Ticket, but civil ones as well.

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Saland Law PC, a New York white collar criminal defense firm founded by two former Manhattan prosecutors, is pleased to announced a recent “victory” and “top result” on behalf of a client charged with Embezzlement Grand Larceny in the Third Degree (New York Penal Law 155.35) and Identity Theft in the First Degree (New York Penal Law 190.80). Our client, an accountant and former board member for a not-for-profit organization in New York City, faced up to seven years in prison on each charge after prosecutors alleged that he had opened up a line of credit in a board member’s name. The District Attorney’s Office further claimed that our client used the board member’s information to maintain that line of credit. Ultimately, prosecutors concluded that our client funneled $25,000 from the bank for his own use.

Despite the allegations of Identity Theft as a means to perpetrate the Grand Larceny and Embezzlement, we successfully argued that the complainant had actually given our client the authority to open the account many years earlier even though the complainant initially denied this. Fortunately, we were able to find some corroboration to this defense. Ultimately, after a few months of wrangling, prosecutors agreed to dismiss the felony Identity Theft charge against our client and reduce the felony Grand Larceny charge to one misdemeanor count of Petit Larceny (the “shoplifting statute”). Although our client ultimately pleaded to the Petit Larceny in full satisfaction of all of the allegations against him, our client avoided the career ending and life altering collateral consequences of a felony conviction. Moreover, he did not have to make any restitution as part of his plea. Make no mistake. A misdemeanor is still a crime, but not as devastating as a felony with the associated maximum of seven years in state prison and restitution in the amount of $25,000.

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Shoplifting in New York, from Manhattan to Brooklyn and the Bronx to Queens, is a crime routinely prosecuted by District Attorney’s Offices throughout the New York City region. Surprisingly, while New York criminal defense lawyers regularly handle New York shoplifting cases (often prosecuted under New York Penal Law 155.25 – Petit Larceny or 165.40 – Criminal Possession of Stolen Property), the public is often ignorant of New York shoplifting laws. What are the potential crimes and collateral consequences of a shoplifting arrest or conviction? What is a New York shoplifting Desk Appearance Ticket and what are the court procedures? To help give those arrested for shoplifting a springboard to educate themselves on New York criminal law, Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Shoplifting information page.

The New York Shoplifting information page is not a substitute for a consultation with or an analysis by your New York criminal lawyer. Instead, the New York Shoplifting information page addresses the the crimes of Petit Larceny (New York Penal Law 155.25), Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40) and the more serious felony crimes associated with shoplifting laws and crimes. Additionally, the New York Shoplifting information page contains links to other information pages relating to the arrest process in New York City (Manhattan, Brooklyn, Queens, etc.) and Desk Appearance Tickets that are often issued for shoplifting arrests. Beyond this, there are links to additional resources addressing shoplifting laws and the collateral consequences of any type of plea including those that do not result in a criminal record. For example, the collateral impact of a shoplifting arrest for a teacher, MBA graduate employed in finance or a physician may be significantly greater than a individual employed in an area where certifications or background checks are not required.

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As a New York shoplifting criminal defense attorney and former Manhattan prosecutor, I have encountered almost every form of shoplifting (New York Penal Law 155.25 – Petit Larceny and New York Penal Law 165.40 – Criminal Possession of Stolen Property). Whether the accused is arrested and issued a shoplifting Desk Appearance Ticket or put through the system, the way it unfolds is often the same. While I have blogged extensively on New York shoplifting laws, this entry will address potential offers made by prosecutors in the Manhattan District Attorney’s Office for shoplifting crimes. The overriding factor, beyond whether one has a record, is the value of the property stolen. The following is a list of common offers for first time offenders. However, it is critical to note that offer guiltiness change.

Shoplifting for Approximately $100 or Less

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The New York white collar criminal defense attorneys at Saland Law PC are pleased to announce that another client avoided both a felony conviction and incarceration after being charged with numerous felonies involving theft and fraud. Prosecutors had alleged that our client embezzled in excess of $32,000 from our client’s employer. If convicted of the crimes of Grand Larceny in the Third Degree (NY PL 155.35) and Falsifying Business Records in the First Degree (NY PL 175.10), our client faced up to seven and four years in state prison respectively.

In this particular case, prosecutors alleged that our client siphoned cash payments directed to the employer and that our client entered false data or caused inaccurate data to be entered into the computer system of the business to cover up the alleged fraud. After negotiations and the presentation of other factors, prosecutors permitted our client to plea to a lesser misdemeanor of Petit Larceny (the “shoplifting statute”) and receive a conditional discharge where the judge instructed our client to stay out of trouble for one year. Although our client admitted to some wrongdoing, he was not crippled by his past and he will avoid the collateral consequences and stigma of a felony conviction as well as incarceration.

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In New York State, Grand Larceny is one of the most common white collar crimes that prosecutors charge. Although the level of the crime can range from Grand Larceny in the Fourth Degree (NY PL 155.30(1)) punishable by up to 4 years in prison to Grand Larceny in the First Degree (NY PL 155.42) punishable by up to 25 years prison, the following is a New York Grand Larceny “primer” as the law applies to the value of property allegedly stolen. For further information on different sections of the Grand Larceny statute and how the law may impact your particular defense, follow the links below. Having said that, Grand Larceny in New York is defined as follows:

Grand Larceny in the 4th Degree – New York Penal Law Section 155.30(1)

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