Have you been detained and arrested for theft charges in Middletown, NY? If so, it’s important to understand your rights and options. Theft can carry serious legal consequences, and navigating the legal system on your own is never a good idea. Whether it’s a misdemeanor or a felony, having an experienced lawyer can make a significant difference in your case.
Our team is dedicated to providing you with the guidance and support you need during this challenging time. We have 50+ years of combined legal experience fighting for criminal defendants.
If you need help with criminal charges, don’t hesitate to contact us. Contact Larkin Ingrassia Criminal Defense Attorneys, or call (845) 566-5345 to schedule a free consultation with a Middletown theft lawyer.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested For Theft in Middletown, NY
If you’re facing a theft charge in Middletown, New York, it’s important to speak with a Middletown criminal defense lawyer as soon as possible. Here’s how our firm can assist you:
- Strong Defense Strategies: We will analyze the details of your case, identify weaknesses in the prosecution’s arguments, and develop a solid defense strategy.
- Negotiations With Prosecutors: Our experienced team can negotiate on your behalf for reduced charges or alternative sentencing options, which may lead to a more favorable outcome than going to trial.
- Trial Representation: If your case goes to trial, we will provide skilled representation, ensuring that your rights are protected and your story is heard in front of the judge and jury.
Members of our legal team have been recognized by Super Lawyers, The National Trial Lawyers, and Avvo for their achievements.
For help with theft charges, contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with a Middletown theft lawyer.
Overview of Theft in New York
In New York, theft is generally referred to as larceny, which means taking someone’s property without their permission and intending to keep it. This could involve money, personal belongings, or even personal information. You don’t have to keep the stolen items permanently to be charged; even temporarily taking or mishandling property can result in serious charges.
Classification of Charges
The legal system in New York classifies theft charges into different categories based on the severity of the offense and the value of the stolen property.
Petit Larceny
This is a Class A misdemeanor charge for stealing property valued at $1,000 or less.
Grand Larceny
More serious than petit larceny, this felony charge applies when the value of the stolen property exceeds $1,000 or involves specific types of items.
- Grand Larceny in the First Degree: a Class B felony for theft of property exceeding $1,000,000
- Grand Larceny in the Second Degree: a Class C felony for theft of over $50,000 or extortion associated with threats
- Grand Larceny in the Third Degree: a Class D felony for stealing over $3,000 or targeting an ATM
- Grand Larceny in the Fourth Degree: a Class E felony for theft involving property valued at over $1,000, such as credit cards, firearms, or vehicles
Understanding these categories can help you understand what penalties you’re facing.
What Are the Penalties For Theft in Middletown, New York?
The penalties for theft in New York vary significantly based on the type of charge and the value of the property involved.
- Petit Larceny: This Class A misdemeanor can result in up to one year in jail and a fine of up to $1,000.
- Grand Larceny in the Fourth Degree: This charge may lead to a maximum of four years in prison.
- Grand Larceny in the Third Degree: A conviction can result in up to seven years in prison and potential fines.
- Grand Larceny in the Second Degree: This offense carries a punishment of up to 15 years in prison and fines.
- Grand Larceny in the First Degree: This is the most severe charge; it can result in a sentence of up to 25 years in prison and associated fines.
- Sentencing Enhancements for Repeat Offenders: If you have prior theft convictions, you may face increased penalties, including mandatory minimum prison sentences for grand larceny charges.
Understanding the potential consequences of theft charges is crucial. If you’re facing these charges, it’s essential to consult with an attorney as soon as possible.
Collateral Consequences For Theft Convictions
Beyond the immediate penalties of jail time and fines, a theft conviction can bring lasting repercussions that impact many areas of your life. This often includes:
Employment Challenges
Having a theft conviction on your record can make it difficult to secure employment. Most employers conduct background checks, and a theft conviction may lead them to view you as a liability, regardless of your skills or qualifications. This can limit job opportunities in certain fields, particularly those in finance.
Housing Issues
A theft conviction may also affect your ability to rent a home. Landlords often check criminal records and may be hesitant to lease to someone with a theft history. This could restrict your housing options significantly.
Difficulty in Obtaining Professional Licenses
Certain professions require licenses, and a theft conviction can jeopardize your ability to obtain or maintain them.
Immigration Consequences
Certain criminal convictions can have a serious impact on individuals who aren’t United States citizens. A theft conviction could even lead to deportation in some cases.
If you’re facing theft charges, consulting with a knowledgeable attorney can help mitigate these impacts and give you the best chance of walking away without a criminal record.
What Defenses Can Be Raised if I’m Arrested for Theft?
Being accused of theft can feel overwhelming, but there are potential defenses you may be able to use, depending on the facts of your case. Common defenses include the following:
Lack of Intent
Not all situations labeled as theft actually involve a true intention to steal. You might have borrowed an item with the plan to return it or genuinely thought you had permission to take it. If there’s no intent, the prosecutor will have a hard time proving their claim.
False Accusations
False accusations occur when someone is blamed for stealing even though they had no role in the incident. The accuser or witnesses may have made an honest mistake or could have personal reasons for naming the wrong person. By gathering evidence or showing inconsistencies in the accuser’s story, you can work to prove you had no involvement in the reported theft.
Consent or Ownership
You could argue that you took something you believed was rightfully yours, or maybe you had explicit or implied permission from the owner. Showing a good-faith belief that you owned the property can weaken the prosecution’s argument. Documentation or statements from witnesses can help show that your belief was reasonable.
Improper Search or Seizure
Police must follow lawful procedures when investigating possible theft. If evidence was collected through an unreasonable search and seizure, it may be excluded from the trial. If the stolen items can’t be used as evidence, it will be difficult for the prosecutor to secure a conviction.
Mistaken Identity
Sometimes, theft charges arise when a person is wrongly identified as the suspect. If the state lacks solid evidence linking you to the alleged crime, it can be tough for them to prove their case. An attorney may uncover details or witnesses that show you weren’t the person who took the item.
Working with a lawyer is the best way to determine what defense should be used in your case.
Facing theft charges can feel overwhelming, especially if you’re not sure about your rights or how the legal process works. Our legal team is here to answer your questions and explore possible defense strategies. We offer a free case evaluation so you can have an honest conversation about what to expect and what steps you can take. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with a Middletown theft attorney.