Larceny is a criminal violation of New York state laws. It is a crime that entails unlawfully withholding property or taking it from its rightful owner without their consent. If you took property entrusted to you by a client or employer, you might face legal action. Neil S. Ruskin represents clients who need a defense for serious criminal charges.
According to FindLaw, embezzlement is a component of the state’s larceny statutes. In these circumstances, the definition of property is expansive, from real and personal property to money, contracts and anything of value. It can also include substances typically provided for a fee, such as water, gas and electric.
If you are charged with larceny-by-embezzlement, the severity and punishment vary, based on the value of the alleged stolen property. The underlying circumstances of the situations and any prior offenses can also affect the charge. There are several affirmative defenses in these situations.
- You obtained the property in question under a lawful claim of right, which was made in good faith.
- You acted as a result of being threatened and had a reasonable belief in the truth of the threat.
- You had or believed you had, the owner’s consent
Larceny is a complex topic. New York recognizes eight larceny methods. Four are the traditionally recognized tactics, including embezzlement, and trespassory taking. Four are modern techniques based on the original methods such as extortion, and bad check issuance.
If the prosecution cannot establish larceny by one of these means, they may not get a conviction. Visit our webpage for more information on this topic.