What is larceny under New York law?

Under New York Penal Law, larceny is the act of wrongfully taking, obtaining, or withholding another person's property with the intent to permanently deprive the owner of it. Theft crimes such as shoplifting, embezzlement, theft of services, false pretenses, or possession of stolen property can all fall within the legal definition, and the offense may be charged as a misdemeanor or felony depending on the circumstances.

What are the penalties for theft or larceny in New York?

Penalties for theft or larceny in New York depend mainly on the value of the property, use of force, and the degree of the offense. Possible consequences include: fines and mandatory court surcharges, probation or conditional discharge, up to 364 days in jail for misdemeanor petit larceny, state prison sentences for felony grand larceny charges, and a permanent criminal record that can affect employment and housing.

What is the difference between petit larceny and grand larceny?

The difference between petit larceny and grand larceny is primarily the value of the property allegedly stolen and other facts in the case. Petit larceny involves property valued at $1,000 or less and is typically charged as a Class A misdemeanor. Grand larceny involves property valued at more than $1,000 and is charged as a felony, with several degrees depending on the value of the property. Higher degrees of grand larceny carry increased penalties and longer potential prison sentences.

Theft Lawyer Protecting the Rights of Clients in Nassau County, Long Island

Q: What should I do if I am accused of a theft crime?

If you are accused of a theft crime, you should protect your legal rights immediately. Important steps include: do not speak to police or investigators without a lawyer present, avoid making statements that could be used as evidence, preserve receipts, messages, or documents related to the accusation, and contact an experienced criminal defense attorney as soon as possible.

Q: What defenses are available for theft charges?

Common defenses to theft or larceny charges may include: lack of intent to permanently deprive the owner of the property, mistaken identity or insufficient evidence, consent from the owner to take or use the property, legal ownership or right to possess the property, and incorrect valuation of the allegedly stolen property.

Q: Can a theft charge be reduced or dismissed?

Yes. In some cases a theft charge may be reduced or dismissed depending on the strength of the evidence, the value of the property, and the defendant's criminal history. Prosecutors may agree to reduce felony grand larceny charges to misdemeanor offenses or dismiss charges if evidence is weak or constitutional rights were violated.

Q: How do I find a theft crimes lawyer near me?

To find a theft crimes lawyer near you, search for a criminal defense attorney experienced in larceny and theft cases in your area. Review law firm websites and client reviews, confirm the attorney handles petit larceny, grand larceny, shoplifting, and related theft charges, and request a case evaluation to discuss your legal situation and possible defense strategies.

In New York, the term “larceny” is used to describe a number of different theft-related crimes. Being convicted of larceny can hurt your reputation, impact your employment opportunities, and jeopardize your freedom. There is a lot at stake in a larceny case, which is why you should seek legal guidance from an experienced theft attorney.

Gianni Karmily has protected the rights of countless clients who have been accused of committing theft-related crimes. Let him stand by your side and aggressively fight your charges.

What is Larceny in New York?

Larceny occurs when someone steals another person’s property with the intent to deprive the rightful owner of the stolen property. A number of different crimes are categorized as larceny because they involve the theft of property. Some of these crimes include:

Shoplifting
Embezzlement
Obtaining property by false pretenses
Larceny by trick
Issuing a bad check
Possession of stolen property
Identity theft
Forgery

All of these crimes are charged as larceny in New York. The type and degree of charges you will face will depend on the nature of the crime, mainly the value of the stolen property.

What’s the Difference Between Petit Larceny vs. Grand Larceny?

Theft crimes are either charged as petit larceny or grand larceny, depending on the value of the stolen property. If the value of the property is $1,000 or less, it is considered petit larceny. One of the most common types of petit larceny is shoplifting. Shoplifters typically only take what they can carry, which is usually $1,000 or less in property. For this reason, most shoplifters are charged with petit larceny.

If the value of stolen property is over $1,000, it is grand larceny. There are four degrees of grand larceny crimes. The degree of charges you will face will typically depend on the stolen property’s value. If the stolen property’s value is over $1,000 up to $3,000, it is fourth-degree grand larceny. If the value of the property is over $3,000 up to $50,000, it is third-degree grand larceny. If the value of the property is over $50,000 up to $1 million, it is second-degree grand larceny. A crime involving stolen property valued at over $1 million is first-degree grand larceny.

Sometimes, the degree of grand larceny is determined by the type of property that is stolen or how the property was stolen rather than the property’s value. For example, if property is obtained by extortion, it is second-degree grand larceny regardless of the property’s value. Likewise, if the property is an ATM machine, it is third-degree grand larceny regardless of the machine’s value.

What Are the Penalties For Larceny on Long Island?

Petit larceny is a class A misdemeanor that is punishable by up to one year in jail or three years of probation in addition to up to $1,000 in fines. This is the only larceny crime that is a misdemeanor.

Fourth-degree grand larceny is a class E felony, which can lead to a maximum of four years in prison. The penalties are even more serious for the other degrees of grand larceny. Third-degree grand larceny can lead to seven years in prison, and second-degree grand larceny carries a maximum of 15 years imprisonment. The most serious larceny offense, first-degree grand larceny, can lead to up to 25 years in prison.

What Should I do if I am Accused of a Theft Crime?

If you are accused of a theft crime in New York, you should protect your legal rights immediately. Important steps include:

Do not speak to police or investigators without a lawyer present
Avoid making statements that could be used as evidence
Preserve receipts, messages, or documents related to the accusation
Contact an experienced criminal defense attorney as soon as possible

What Defenses are Available for Theft Charges?

Common defenses to theft or larceny charges may include:

Lack of intent to permanently deprive the owner of the property
Mistaken identity or insufficient evidence
Consent from the owner to take or use the property
Legal ownership or right to possess the property
Incorrect valuation of the allegedly stolen property

Can a Theft Charge be Reduced or Dismissed?

Yes. In some cases, a theft charge may be reduced or dismissed depending on the strength of the evidence, the value of the property, and the defendant’s criminal history. Prosecutors may agree to reduce felony grand larceny charges to misdemeanor offenses or dismiss charges if the evidence is weak or if constitutional rights were violated.

How do I Find a Theft Crimes Lawyer Near Me?

To find a theft crimes lawyer near you, search for a criminal defense attorney experienced in larceny and theft cases in your area. Review law firm websites and client reviews, confirm the attorney handles petit larceny, grand larceny, shoplifting, and related theft charges, and request a case evaluation to discuss your legal situation and possible defense strategies.

How Can A Larceny Attorney Help?

The state must meet the burden of proof in order to convict you of larceny. Attorney Gianni Karmily will fight back by identifying weaknesses in the state’s case and presenting evidence to support your case. In some cases, it may also be possible to show that you lacked the intent to commit theft and therefore should not face criminal charges.

Turn to criminal defense attorney Gianni Karmily to fight your theft charges so you can protect your freedom and your future. Each case is unique, so the defense strategy that is used will depend on the nature of the case, but every theft case is defensible with the right attorney by your side.

How Much Do Nassau County Theft Crimes Defense Attorneys Cost?

One of the first questions that may cross your mind is, “How much will a Theft Crimes defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.

More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.

Theft Crime defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.

Nassau County, Long Island, NY, is not the place to “Price Shop” for a Theft Crimes defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.

4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Theft Crimes Defense Attorney

1) LIFELONG THEFT CRIMES DEFENSE ATTORNEY

Gianni Karmily is a lifelong theft crimes defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing theft crimes prosecution.

Unlike attorneys who begin their careers representing the government before transitioning into private theft crimes defense, Gianni Karmily has developed his professional experience from the theft crimes defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of theft crimes offenses.

After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to theft crimes defense litigation and the representation of individuals facing theft crimes charges. His practice encompasses the defense of individuals accused of a broad range of theft crimes offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.

Gianni’s practice is centered on New York theft crimes defense, New York Penal Law, Vehicle & Traffic Law, Theft Crimes Procedure Law, constitutional advocacy, theft crimes litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on theft crimes cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.

Depending on the circumstances of a particular case, theft crimes defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.

There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.

A lifelong theft crimes defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the theft crimes justice system as a whole is a core component that distinguishes theft crimes defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.

With more than 10 years of exclusive theft crimes defense experience, the distinction is straightforward: Gianni Karmily is a theft crimes defense attorney whose professional identity is built around defending the accused. Theft Crimes defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.

2) DIRECT ACCESS TO GIANNI KARMILY

Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing theft crimes charges in Nassau County have direct access to the attorney responsible for their representation.

A theft crimes defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of theft crimes charges, review of available evidence, and defense strategy.

Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.

Gianni also regularly works with other experienced theft crimes defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.

For individuals accused of a theft crimes offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the theft crimes defense process that our firm does not take lightly.

3) LIMIT NUMBER OF CASES

The Law Firm of Gianni Karmily, PLLC limits the number of theft crimes defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.

The firm does not approach theft crimes defense as a high-volume process. Each theft crimes case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.

Limiting the number of cases allows Gianni to dedicate adequate time to:

Understanding the specific circumstances of the client’s case.
Reviewing the theft crimes allegations and available evidence.
Identifying potential constitutional and procedural issues.
Evaluating applicable New York theft crimes laws.
Investigating potential defenses.
Communicating directly with the client.
Preparing adequately for court appearances.
Developing an individualized defense strategy.
Pursuing an appropriate resolution based on the facts and circumstances of the case.

4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE

The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his theft crimes defense practice immediately next to the courthouse where many Nassau County theft crimes matters are handled.

For a theft crimes defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Theft Crimes cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.

The firm’s proximity makes it convenient for clients to meet directly with theft crimes defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.

For clients who may have multiple court appearances throughout a theft crimes case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.

For a person searching for a Nassau County theft crimes defense attorney, the combination of a lifelong focus on theft crimes defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.

Contact Our Long Island Theft Lawyer to Schedule Your Case Evaluation

Have you been accused of committing a theft crime? If so, seek legal representation from larceny attorney Gianni Karmily right away. Gianni takes great pride in being the voice for the accused. He works tirelessly to help each of his clients fight their charges and reach the best possible outcome in their case. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.