The prosecution must show that a person purposefully deprives or takes property from another person in order to establish the guilt of theft. The accusation may also be made when someone steals from a company or business without authorization in order to benefit or gain personally. The offense is simply described as a wrongful take of the property’s owner. It is important to speak with a competent attorney as soon as possible if you want to contest the prosecution of a theft charge in New York City. An experienced theft lawyer can assist in reducing or getting the charges against you dropped.
Does New York Prosecute Theft?
Yes, theft is a crime in the state of New York, and it is prosecuted under New York state law. The specific crime of theft may be referred to as larceny in New York, and it can encompass a variety of acts, such as taking someone else’s property without permission, using fraudulent means to obtain someone else’s property, or intentionally depriving someone else of their property. Depending on the circumstances of the theft, the severity of the crime can vary, and penalties can range from fines to imprisonment.
Determining Probable Cause
The method of theft must be proven in court when someone is accused of stealing in New York. So it’s not necessary to make a decision about this right now. All that the prosecution needs to do is obtain authorization for the arrest or proof of reasonable cause before granting the necessary evidence against the defendant, known as a complaint. It takes very little to establish probable cause to make an arrest and to file a criminal complaint. To make an arrest and have a suspect arraigned on a felony or misdemeanor charge, not all the facts and evidence must be submitted.
Law enforcement must demonstrate that a person knowingly seized property or withheld property without the owner’s consent in order to obtain an indictment against them. Even if the prosecutors only have weak evidence, the grand jury can nonetheless indict a suspect. A grand jury has the authority to indict someone even before they are detained. The threshold is low and only requires a plausible suspicion that a crime was committed.
A person must intentionally hold that stolen property in order to face charges. A person cannot only claim they did not steal the item in question to avoid facing a theft accusation. To be in possession of the stolen property, a person need only be aware that it was taken and take no action to prevent it from happening again.
While facing a theft charge in New York City, the prosecution may build its case exclusively on circumstantial evidence in the absence of an eyewitness, regardless of whether the allegations involve larceny or possession of the stolen property. It is done occasionally on paper, occasionally through records, and occasionally through people. Evidence in these situations might either be direct or circumstantial.
Knowingly Possessing Stolen Property
Instead of being prosecuted with petit or grand larceny, the defendant may be charged with criminal possession of the stolen property if they knowingly received stolen property from someone who stole something while they were not there. It only differs in severity for the last two offenses. Having taken things on purpose is one crime, and stealing itself is another. They can coexist but do not necessarily have to.
A person can be found guilty of grand larceny in the prosecution of a theft accusation in New York even if they were not the real taker of the goods or the actual holder of it. The prosecution may contend that the defendant acted jointly or as an accomplice. An individual can be charged as an accomplice in a theft if they participated in it, helped to facilitate it, or shared the intent.