Being charged with any type of theft can be very stressful and have serious consequences. A theft conviction can impact your family, health, employment, and many other aspects of a person's life. Securing a grand larceny defense attorney can help you understand the court process, what the prosecution must prove, mount a strong defense, and help secure a successful outcome.
What is larceny?
In New York, the term larceny has a similar meaning to the word theft, which is enumerated in the New York Penal Code Section 155. The exact definition includes the following elements:
- Stealing property
- Wrongful taking
- Obtaining or withholding
- From proper owner
- With intent to deprive of the proper owner
Knowing this information and the specific elements that must be met, a Grand Larceny Defense Lawyer will be able to build a defense disproving one or more elements as it pertains to the case.
In New York, there are five different degrees of larceny that differ depending on the value of the stolen property and potential additional dangerous or manipulative circumstances. Unfortunately, it is not uncommon for the prosecutor of a case to charge an individual with both larceny and being in possession of stolen property.
This is why hiring a Grand Larceny Defense Lawyer is so important to have on one's side. A lawyer will know the degrees of larceny, how to reduce charges and how the process works. Grand larceny is the most serious and is the first degree in the larceny statute.
If an individual is charged with possession of stolen property in the first degree, then the individual could face a maximum of 25 years in prison. Tackling a case on one's own with the potential outcome resulting in 25 years of their life being taken away is not worth the risk. The individual can only benefit from hiring an advocate on their side that knows the law and is willing to create a defense that could reduce charges or provide freedom.
A Grand Larceny Defense Lawyer will be able to construct a skillful defense on the client's behalf. Before a defense is even presented, however, the prosecution has the burden of proof to prove the elements of larceny are met. For example, for the prosecution to move forward with their case, there must be a witness presented that states that the object that was taken is indeed theirs and that they did not agree for the person charged to take it.
Many witnesses do not want to come forward, or the prosecution is not able to find the rightful owner of the alleged object that was taken. In addition, the prosecution must prove that the object was purposefully or willing taken. A person cannot accidentally steal something. Many grand larceny defense attorneys have clients that did not realize they were even in possession of something that was not theirs. Proving intent to steal can be very difficult.
Lastly, if charged with larceny, a grand larceny defense attorney can prove that the individual did not intend to permanently deprive the owner of their property. There could have been a miscommunication, or a simple situation of borrowing an item with the intent to return and the belief that borrowing the item was agreed upon by the owners.
The bottom line
Hiring a grand larceny defense lawyer is necessary to preserve your rights, mount a strong defense, know how to disprove the prosecution's elements, and get the best possible outcome for your case.
Call (845) 363-1994 to schedule a consultation with Christopher York Attorney at Law in our Brewster office.
NOTE: This is for informational purposes only and does not constitute legal advice.
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