Theft is the crime of taking someone else’s property without their consent or permission. A person commits a theft offense when they take something that does not belong to them, whether it’s money, food, clothing, furniture, or even a bicycle. Theft is a serious crime that carries harsh penalties. In order to be found guilty of Theft, the prosecution must prove the following elements:
The Value of the Stolen Property
The value of stolen property is an important factor in determining how severe the crime will be. In general, stealing items with greater monetary value, such as high-value jewelry or a vehicle, is considered grand larceny and is a felony, while petty larceny, which includes things like shoplifting inexpensive merchandise, is a misdemeanor. Several states also consider the method of stealing as an aggravating factor when deciding whether to classify an act as a misdemeanor or a felony, such as if the thief stole the victim’s identity documents, firearms, explosives, or other dangerous weapons.
Lack of Intent
It is possible to avoid being convicted of theft by proving that you did not intend to keep the property permanently. You may also be able to argue that you did not know that the property you took belonged to another person, as long as your belief was honest and genuine. However, this defence only applies when you were not aware of the law at the time you committed the offence.
If you are accused of a Theft in New York, an experienced lawyer will look into whether there was any paper trail that can be used to your advantage. This can include any checks that were drafted from you, as well as any admissions made to the police or in court.