Long Island Theft Attorney

If you’ve been charged with a crime of theft or robbery in the state of New York, you will need a skillful and experienced criminal attorney to defend your case. A theft or robbery can include anything from shoplifting, larceny, burglary, criminal possession of stolen property, and some types of forgery and fraud. In New York, theft is defined as an individual attempting to remove someone’s possessions forcibly whether it be money or another item(s). Criminals that use force for the removal or theft of another’s property will be charged with “aggravated robbery” or “armed robbery,” which will be treated with harsher penalties.

 

New York Theft Laws and Penalties

Theft, robbery, or forcible stealing can be divided into three categories called “degrees.” The exact alleged crime or charge you face and the resulting penalty depends on the facts of the case gathered as “evidence” by the prosecution. Here are the three degrees defined:

Third-Degree: a third-degree theft charge means you are charged with forcibly stealing property, which doesn’t meet the criteria of a more serious crime. A third-degree theft or robbery is a Class D felony, and can carry up to seven years in prison.

Second-Degree: a second-degree theft charge means that you are charged with forcibly stealing property, and 1) you were aided by another person, 2) a party was injured during the crime, 3) there was use of a supposed firearm, or 4) the crime involved a motor vehicle as in carjacking. If you are charged with the second degree theft or robbery is classified as a Class C felony, which can carry up to 15 years in prison.

First-Degree: a first-degree theft charge means that you are charged with forcibly stealing property, and 1) you were allegedly armed with a deadly weapon, 2) serious injury occurred to an alleged victim, 3) there was threat or use of a dangerous instrument, or 4) you displayed a firearm. A first-degree theft or robbery is considered a Class B felony, and can carry up to 25 years in prison.

 

Establishing Mitigation

Mitigation means “lessening the force of something unpleasant,” and depending on the case, mitigation could come into play when your attorney can provide reasons why the District Attorney and Court should exercise leniency or mercy. Mitigation takes place during plea negotiation and/or sentencing. In some cases the exercise of mercy by the Court could actually result in outright dismissal. You need the skill of an experienced attorney to help you navigate New York’s complex system of laws.

 

Even if you feel your case is serious and without much hope, our defense attorneys are ready to help you with our expertise and knowledge to build a persuasive defense for your case. Give us a call for a free consultation today.