What are the defenses for larceny?
If you have been arrested in New York and charged with larceny, then it is imperative that you mount a good defense. While there are many ways that you can fight the charges, there are two defenses recognized by the law, according to the New York State Senate. Understanding these defenses can help you to mount the best case to avoid conviction.
The first defense is that you were in a situation where you believed committing the crime was necessary to avoid serious repercussions. Typically, this involves someone coercing you or manipulating you. A person could have lied about being an officer of the law, for example, and told you if you did not commit the crime, you would go to jail. You have to really have feared for your own well-being and show that the situation you were in was believable that you would legitimately feel that way. The bottom line is that your purpose in committing the theft must be to make good on whatever wrong you believed occurred to remedy the situation.
The other defense is more simple. It is a case of misunderstanding where you took the property because you believed it was rightfully yours. The key here, though, is that you openly took it. You didn’t sneak to do so or try to do it undercover. You just took whatever it was because you really thought it belonged to you.
If you can use one of these defenses, then you should have a strong case to fight the charges against you. This information is for education and is not legal advice.
Neil S. Ruskin
188 Montague Street Suite 900
Brooklyn, NY 11201
Local: (718) 237-1547