If you get a court ticket at the office in New York or if you are arrested for stealing someone else`s property (regardless of whether the theft comes from a single person or from a department store like Macy`s or Bloomingdales), value is an essential part of any theft or pattern of theft. It is important to note that “value” can mean various things such as current value, replacement value, worn value, and new value. Before simply accepting the assessment made by the police and the New York City District Attorney`s Office, you and your shoplifting attorney should review the evidence and resolve this issue if necessary. After all, the computer you bought last year may have cost you more than $1,000, but a year later that value isn`t even close. A person is guilty of second-degree aggravated theft if he steals property and if: 1. The value of the property exceeds $50,000 2. In New Jersey, which has the highest standard in the United States, a person can be convicted of a felony for stealing more than $200 — a figure that hasn`t changed since 1978. If all of the allegedly stolen property is aggregated and worth more than $1,000 (the combination of values is called “aggregation” and is not always allowed – discuss this with your New York criminal lawyer), the likely charge will be criminal possession of stolen property or grand criminal theft. It is important not only to have a competent lawyer, but also an experienced criminal defense attorney for major thefts, thefts and shoplifting in these circumstances. In these cases, the value of the property determines the degree associated with the fee: the inflation adjustment is the basic management of the household. It makes little sense to allow inflation to undermine legal norms. Everyone understands the need to adjust tax brackets and social security benefits to inflation.
The same justification applies to the adjustment of thresholds for criminal offences. In New York, as in many other states, stealing more than $1,000 is a crime. A person who grabs a new iPhone can end up in jail for four years at state expense. Also known as petty theft, a person is guilty of petty theft if they steal property worth up to $1,000. Petty theft is classified as a Class A offence. The offence can carry up to one year in prison and a $1,000 fine. 5. If it can be established, the value of property stolen under a Grand Larceny or Petit Larceny system shall be deemed to be the market value of such property. If this cannot be determined, then this value is the replacement value. In addition to these funds, New York`s Criminal Law 155.20 allows for additional means of calculating costs. If the value still cannot be set, the law allows a default value of $250. Since value is directly related to potential charges in an arrest or indictment, if value is an issue in your case, you should consult a lawyer who may be able to challenge the legal basis for the assessment and, subsequently, the theft charge against you.
In New York, all crimes of theft fall under either section 155 of the New York Penal Code or section 165 of the New York Penal Code. That is, if you steal more than $1,000 worth of goods – money, cars, antiques, clothing, etc. – By embezzlement, extortion, false promises, tricks or other plans, you will be charged with large-scale theft. If you steal from multiple individuals or organizations for amounts under $1,000, prosecutors may still be able to bundle the illicit proceeds you received for criminal possession of stolen property. Alternatively, if your alleged theft consisted of minor thefts from the same person, prosecutors may also combine your actions into a grand theft offense. If anything from this website is to be clear, it is imperative to recognize that the crimes of Grand Larceny of New York are extremely serious. Not only are these crimes that can land a first-time offender in a state prison, but they can and often have a terrible impact on the career, immigration status, and future of the accused. Despite what the safety officer thinks he saw, in some cases, the safety officer is wrong and the accusations of theft are not justified.
If you are with a friend who has shoplifted, the store security guard may assume that you have also shoplifted. However, if you didn`t take anything personally or help your friend take goods, you didn`t shoplift and shouldn`t be charged. There are also cases where, while it seemed like you were putting something in your pocket or purse, you didn`t. There are a variety of reasons why you may also put your hand in your pocket or purse when holding goods. Maybe you`re looking for a phone, pen, or your wallet. Or, while it seemed like you were leaving the store without paying for the goods, if that wasn`t your intention. If you never left the store with unpaid goods, it is reasonable to conclude that you did not steal anything or that you had no intention of stealing anything. Criminal possession of stolen property is often an indictment that is accompanied by a charge of minor theft. Criminal possession of stolen property in the fifth degree is a Class A.N.Y. Pen offense. Act § 165.40.
If the value of the property you charge with shoplifting is more than $1,000, you can be charged with both fourth-degree aggravated theft and fourth-degree criminal possession of stolen property. Both crimes are crimes. N.Y. Pen. Law §§ 155.30, 165.45. In fact, the prosecutor will try to ensure that you are charged with aggravated theft and not petty theft by giving the greatest possible value to the goods you accuse of theft. However, New York law has specific rules for valuing stolen property. The property must be valued at the market value of the property at the time and place of the theft or at the cost of replacing the property within a reasonable time after the theft.
Law § 155.20.