Theft charges in New York can result in significant penalties including imprisonment, fines, and a permanent criminal record. If you are facing theft charges it is essential that you understand the possible defenses that could help get your charges reduced or case dismissed. Depending on the circumstances of your situation, some defenses may be better than others. Continue reading and work with a Ramapo criminal defense attorney for skilled representation in your case.
What is Theft?
Theft occurs when an individual unlawfully takes possession of another person or entity’s property. However, this crime is broad and under New York state law and theft can include a variety of criminal offenses.
Below are the main offenses related to theft recognized by NY legislation.
- Larceny
- Robbery
- Embezzlement
- Larceny by trick
- Larceny by false pretenses
- Burglary
Any of the above can result in criminal charges in New York, resulting in significant legal repercussions. Building a strong case is crucial in avoiding the associated penalties.
What Are Some Strong Defenses to Theft Charges in NY?
The common denominator of all theft-related offenses is the defendant’s intention to deprive the owner of the possession of their belongings permanently. With that in mind, the following defenses can be used in theft cases.
- Lack of intent to steal: One of the most common defenses to theft charges is the lack of intent to steal. In New York, the prosecution must prove that you intentionally took the property without permission and intended to keep it permanently in order to convict you of a theft-related crime. If you took the property by accident or believed it belonged to you, you could argue that there was no criminal intent.
- Mistaken identity: If you are not the culprit, it is imperative that you argue mistaken identity. There is a chance that you have been wrongfully identified as the person who committed the theft based on incorrect witness testimony or questionable surveillance footage. If you and your lawyer can question the accuracy of witnesses, challenge the reliability of the video footage, or present a solid alibi, you could argue that you have been mistakenly identified as the perpetrator.
- Consent: You may also have had permission from the owner to take the property. If you can prove that you had the owner’s consent, it could help defend against your charges.
- Mistake of fact: A mistake of fact is when a person makes a decision based on an incorrect belief. For example, if you and another individual both had the same bag you could have taken theirs without realizing that it didn’t belong to you. If you did not have the intention of stealing and genuinely believed the property was yours or was up for grabs, you could argue a mistake of fact.
- Duress: You may have committed the theft crime under duress or coercion. If another individual threatened you or another person with violence, you could have felt forced to steal the property.
There are many effective defenses that can be utilized in theft cases in New York. Speak with a skilled attorney to obtain representation during your case today.
