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How Do I Avoid Unfair Sentencing When Represented by a Theft Crime Attorney?

How Can a Theft Crime Attorney Help Me?

Your freedom is on the line if you face theft charges in New York. A conviction also attracts stiff penalties in the form of hefty fines and a ruined reputation. Don’t attempt to represent yourself, no matter how smart you are. The criminal legal system is complex, and you may not effectively defend yourself against the charges without legal help.

So, consider hiring an aggressive criminal defense attorney in Long Island to fight the legal battle on your behalf. Criminal defense lawyers are trained to unearth unique elements and listen to arguments that can reduce a potential life-altering conviction. Here’s how a lawyer can help you avoid unfair sentencing for theft and burglary charges.

Lawyers Have Special Safeguards in Criminal Justice Matters

The law stipulates that every accused person has the right to be assisted by a lawyer of their choice upon arrest or detention or when facing criminal charges. Anyone who doesn’t have a lawyer is entitled to have an experienced and competent lawyer assigned to them based on the nature of the offense to ensure they have adequate legal representation.

Lawyers must advise clients of their legal rights and obligations. They also must assist them in all appropriate ways to take legal action to protect their interests. In protecting your rights and promoting the cause of justice, your Long Island theft and burglary attorney must act to protect your interests, working freely and diligently according to the law.

Additionally, lawyers enjoy civil and penal immunity for relevant statements they make in good faith during oral proceedings. This immunity gives them a better legal standing. Unlike you, what they say can’t be used against them in a court of law, so they’re better positioned to argue your case in your defense.

In-Depth Knowledge of the Criminal Law

Your Long Island theft and burglary lawyer has studied and is trained to understand every aspect of the law and knows how the court system works. They focus on determining if any loopholes or inconsistencies in the system exist and if they can work in your favor to help you beat the charges. They also know the leading players in the legal system, including prosecutors and judges.

Lawyers often work with other legal experts to help you build a strong defense strategy while utilizing the “unwritten legal rules” that may work in your favor. These are things you might not know if you represent yourself. You could waive legal rights you didn’t know you had or plead guilty to charges you didn’t have to.

Your Lawyer Can Fight to Have the Charges Dismissed

In some situations, and depending on the complexity of your case, your theft and burglary attorney in Long Island can convince the prosecution to drop the charges before the case goes to trial. They can investigate the circumstances surrounding your arrest to identify evidence that supports why your case should be dropped.

For example, they might find that the police didn’t read your Miranda rights or searched you illegally during your arrest. In that case, your lawyer may argue that the police violated your rights and ask that your case be dismissed.

Your Lawyer Can Help Get a Sentence Reduction

Imprisonment shouldn’t be taken for granted as the natural form of punishment once a defendant has been convicted of a crime. That’s because it deprives people of their liberty. That’s where alternative sentencing comes in to encourage fair sentencing by considering other options depending on the severity of the crime.

Before your hearing, your criminal defense lawyer in Long Island may file a mitigation statement that outlines a plea for a shorter sentence. It should be transparent regarding your interests that will suffer due to your absence while serving an imprisonment term. Your lawyer can fight to reduce your time if you’re sentenced to prison for a misdemeanor or felony.

Your sentence can be reduced or altered based on various factors, such as the following:

  • The nature of the crime
  • The applicable legal sentencing guidelines that apply
  • Your existing criminal record

Your Lawyer Can Help You Get Acquitted at Trial

Criminal cases go to trial for various reasons, such as being wrongly accused. The jury can only convict you if it believes you’re guilty beyond a reasonable doubt, an extremely high standard. An experienced criminal defense lawyer knows how to build the strongest case to defend you.

Some ways in which your attorney can cast reasonable doubt in your theft case include the following:

  • Proving lack of intent to commit the crime
  • Challenging evidence presented by the prosecution
  • Presenting an alibi
  • Proving ownership of the property in question
  • Proving mistaken identity
  • Establishing a legal, judicial, or court error in the sentencing
  • Arguing based on a change in the law that retroactively alters a previously unfair sentence

A skilled lawyer can carefully evaluate all possible defense strategies applicable to your case to help you fight for an acquittal at trial.

An Experienced Criminal Defense Attorney Helping You Avoid Unfair Sentencing

The legal system is complex, and if you’re facing theft and burglary charges, having the assistance of an aggressive theft and burglary attorney in Long Island is crucial. They can provide the legal representation you need and fight to ensure you are not subjected to unfair sentencing.

The lawyers at the Mirsky Law Firm can come to your defense. We have many years of experience in criminal law, and we can work diligently to defend you against theft charges. We believe you’re innocent until proven guilty, so all hope is not lost. Call us at 516-744-1811 for a case assessment.

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What Is the Difference Between Theft and Burglary on Long Island?

Sometimes, most people may use terms like theft, robbery, and burglary interchangeably. However, each has a distinct definition describing how the crime was conducted, what type of crime it is, and the penalties for each.

One of the reasons you need to recognize the differences between theft and burglary in Long Island is because each will be prosecuted differently. For instance, the penalties for a burglary charge are higher than a theft charge. You may need a Long Island criminal justice attorney who can defend you and ensure you’re not charged wrongly.
Let’s look at some differences between theft and burglary in Long Island.

What Is Theft in Long Island?

Theft is one of the most commonly committed crimes. Another name for this crime is “larceny.” Legally speaking, it involves taking someone else’s belongings or money without that person’s consent and with the intention of depriving the owner of its use.

The owner may not know about the theft until after the act is committed. Also, theft does not involve the use of force or the threat of force. A theft conviction can destroy your career and even your personal life. You should fight these charges with the help of a skilled Long Island theft and burglary attorney.

Theft has three elements, namely;

  • Property – Theft will involve taking of someone’s tangible or intangible property.
  • Wrongful – the thief acts against the interests of the owner. If someone takes something with the owner’s permission, it won’t be theft. But if you are given property but with no intention of returning it, then it would be theft.
  • Deprive – the thief must have the intent of permanently depriving the owner of the property.

What Is Burglary in Long Island?

New York state defines burglary in two ways: a) gaining entry into a building with a goal of committing a crime b) remaining on the property with the intention to commit a crime. A burglary will often be paired with physical breaking and entering a building. But still, it’s possible to remain in a property with the goal of committing a crime without necessarily breaking and entering.

The property can be a house, vehicle, temporary dwelling, commercial building, place of worship, warehouse, trailer, or tent. Even if you believe you did nothing wrong, it’s critical to speak to a skilled criminal defense attorney near you. Your attorney will look at the elements of the burglary crime and advise you accordingly.

What Are Primary Types of Larceny New York?

New York state law lists eight different types of theft or larceny. You can fight any of them with the help of a theft and burglary attorney in Long Island. They are:

  • Trespassory – taking someone else’s property without their consent
  • Trick – use of fraudulent misrepresentations or statements to take another person’s assets or property
  • Embezzlement – the perpetrator uses his/her power to convert someone else’s property into their own without the intention of returning it, e.g., among employees.
  • False pretense – this is obtaining assets or property using intentional false statements. These statements are meant to mislead other people.
  • Theft by extortion
  • Theft by issuing a kited check
  • Theft by giving false promises
  • Theft by possessing lost assets or property

What Are the Penalties of Theft in Long Island?

It’s important to note that theft or larceny charges are divided into petit larceny and grand larceny.

Petit larceny is the lowest theft charge in New York and involves the theft of goods valued at no more than $1,000. It is a Class A misdemeanor that is punishable by a $1,000 fine and jail time of up to 364 days.

Grand larceny is more serious than petit larceny and is further divided into four.

  • Fourth degree grand larceny is a Class E felony, and its penalties are four years in prison and a $5,000 fine.
  • Third degree grand larceny is a Class D felony and carries up to seven years in prison and fines.
  • Second degree grand larceny is a Class C felony and is punishable by up to fifteen years in state prison with extra fines.
  • First degree grand larceny is the most serious theft charge in New York. It is a Class B felony with a prison sentence of up to 25 years plus fines. These cases involve the theft of property valued above $1,000,000. With such harsh consequences, you should protect your rights and defend yourself by having a qualified Long Island theft defense lawyer who can build a strong defense strategy for you.

What Are the Penalties of Burglary in Long Island?

Burglaries in New York are considered felonies. There are three degrees of burglaries in New York. Below is a list of potential penalties:

  • First degree burglary: this is a Class B felony carrying 1-25 years in prison and a $5,000 fine.
  • Second degree burglary: this is a Class C felony with a potential 1-15 years in prison with a potential $5,000 fine.
  • Third degree burglary: it is a Class D felony carrying 1-7 years in prison and a potential fine of $5,000.

Premier Criminal Defense Law Firm in Long Island

If you or someone you love is facing charges of taking another party’s property, you need a strong defense. The prosecution can quickly elevate a simple theft charge to a burglary, which has more penalties.

Take immediate action and get yourself an effective defense. It will be contingent on building the best defense strategy in Long Island. The skilled theft and burglary attorneys at The Mirsky Law Firm are experienced, aggressive, and ready to help you. Whether you are facing any larceny charge or burglary, we can help you. Call us to book a free consultation to discuss your case in detail.

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“Petit” Larceny vs. Grand Larceny (and Other Crimes of Theft) in New York

Everywhere that a legal system has been established, stealing is illegal. Stealing in New York includes theft, robbery, larceny, and more. If you are accused of stealing something in this state, you will need the advice and services of a good Long Island criminal defense lawyer.

Theft – New York State law calls it “larceny” – is distinct from robbery and burglary. They constitute three different crimes that involve stealing. A conviction for larceny, robbery, or burglary can be penalized quite harshly by a New York criminal court.

How does New York define larceny? How are crimes of larceny handled in our state? What penalties are imposed for a larceny conviction? Keep reading, and you’ll learn more about larceny and about your rights if you are accused of committing larceny in the State of New York.

How is Larceny Defined?

Larceny is “simple” theft, whereas robbery and burglary are crimes that include additional elements such as force, intimidation, or illegal entry.

Larceny is any theft that does not involve force, intimidation, or illegal entry where the perpetrator intends to deprive the property’s rightful owner of the property semi-permanently or permanently and control the property semi-permanently or permanently.

Lawmakers in New York have defined “property” as any personal property, money, computer data or program, real property, or anything that has value, including steam, gas, electricity, or water.

Charges and sentences for crimes of stealing in New York are based on a property’s value, which state law defines as a property’s “market value” at the time the offense takes place.

How Are Larceny Crimes Classified? How Are Larceny Convictions Penalized?

Larceny crimes in this state are classified as petit (petty) larceny or as grand larceny. Petty larceny, a Class A misdemeanor, is a theft of any property valued below $1,000. A conviction for petty larceny may be penalized with a jail term of one year and a $1,000 fine.

Grand theft or grand larceny is considered a felony. Penalties for grand theft convictions are based on the market value of the stolen property:

1. For property valued above $1,000, grand larceny is a Class E felony. A conviction is punishable with a maximum prison term of four years.

2. For property valued above $3,000, grand larceny is a Class D felony. A conviction is punishable with a maximum prison term of seven years.

3. For property valued above $50,000, grand larceny is a Class C felony. A conviction is punishable with a maximum prison term of fifteen years.

4. For property valued above $1,000,000, grand larceny is a Class B felony. A conviction is punishable with a maximum prison term of twenty-five years.

If you are convicted, you may also be ordered to pay substantial fines.

How is Burglary Defined?

Burglary in the state of New York is always charged as a felony. Burglary in the third degree happens when someone “knowingly enters or remains unlawfully” in a structure while planning to commit a crime there.

“Entry” is any intrusion into a structure with any part of one’s body. “Breaking and entering” forcefully is not required for a burglary charge. The crime is charged as burglary in the second degree if one or more of the following apply:

1. The targeted structure was a residence.
2. The defendant was armed with explosives or a lethal weapon.
3. The defendant injured a victim or bystander.
4. The defendant brandished what appeared to be a firearm.

How Are Burglary Convictions Penalized?

If a structure targeted for burglary was a residence, and if one or more of the remaining three conditions apply, the charge is burglary in the first degree. Here’s how convicted burglary offenders are sentenced in New York’s criminal courts:

1. Burglary in the third degree, a Class D felony, may be penalized upon conviction with a seven-year prison term and a $5,000 fine.

2. Burglary in the second degree, a Class C felony, may be penalized upon conviction with a fifteen-year prison term and a $5,000 fine.

3. Burglary in the first degree, a Class B felony, may be penalized upon conviction with a twenty-five-year prison term and a $5,000 fine.

How is Robbery Defined?

Robbery, like burglary, is considered a felony in the state of New York. As mentioned previously, larceny is “simple” stealing, but robbery requires physical force or the threat of physical force. Robbery is a serious offense because it also poses a risk to the public’s safety.

How are robbery convictions penalized in our state? Robbery in the third degree – “simple” robbery without aggravating factors – is considered a Class D felony and may be penalized upon conviction with a seven-year prison term. Robbery in the second degree happens when a robber:

1. appears to brandish a weapon
2. is assisted in the robbery by an accomplice who is present at the crime scene
3. injures a victim or bystander
4. steals a motorized vehicle

How Are Robbery Crimes Classified? How Are Robbery Convictions Penalized?

Robbery in the second degree is considered a Class C felony. A conviction may be penalized with a fifteen-year prison term.

Robbery in the first degree happens when, during a robbery or a flight from a robbery scene, the perpetrator or the perpetrator’s accomplice:

1. is armed with a lethal weapon
2. uses a lethal weapon or threatens its use
3. causes any serious bodily injury to a victim or a bystander

Robbery in the first degree is considered a Class B felony. A conviction may be penalized with a twenty-five-year prison term. Additionally, a court may impose a $5,000 fine – or twice the value of the stolen cash or property, whichever is the highest – for any conviction for robbery.

How Can a Criminal Defense Attorney Help You?

If you’re charged with any crime of burglary, robbery, or larceny in this state, you must have sound legal advice and aggressive defense representation. As soon as possible after you’ve been charged, make the call to a good Long Island criminal defense lawyer.

As you know, to convict you of any criminal charge, a prosecutor must prove your guilt beyond a reasonable doubt. That’s not always easy, because a good defense attorney’s job is to cast doubt on a prosecutor’s evidence.

So don’t presume that you will be convicted if you are charged with larceny, burglary, or robbery. On the other hand, don’t procrastinate. If you are charged with larceny, burglary, or robbery, retain a defense attorney’s help as quickly as you can. That is your right.

By |theft|Comments Off on “Petit” Larceny vs. Grand Larceny (and Other Crimes of Theft) in New York

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