Queens
Theft Crime
Attorney
Representing Queens, NY, Defendants Charged with Theft Crimes
Theft may seem like a relatively minor crime, but the penalties for theft conviction in Queens, NY, hinge on the value stolen and the behavior of the offender during the theft. It’s very common for theft cases to involve several complex mitigating and aggravating factors, each of which has the potential to dramatically influence the outcome of a theft case. If you or a loved one was recently arrested on theft charges in Queens, NY, it’s vital to have a defense attorney you can trust to guide you through this difficult situation.
The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience handling complex theft cases on behalf of our clients in Queens and throughout the boroughs of New York City. Attorney Tsigler and his team have extensive experience dealing with New York City prosecutors. We know how they typically approach these cases and the strategies they usually use to secure convictions. We will help you prove your innocence if you have been wrongfully charged, or if you made a mistake our team can potentially help you reduce your sentence and avoid the worst penalties possible under New York state law.
Different Types of Theft Charges in New York
New York state law defines theft in two main categories: petit and grand larceny. The word “larceny” can be used interchangeably withtheft, and the value of the goods or money stolen determines whether the event qualifies as petit or grand larceny. In New York, the threshold of value between these two theft offenses is $1,000. Theft of anything valued less than $1,000 qualifies as petit larceny while theft over $1,000 qualifies as grand larceny.
Petit theft and shoplifting are often conflated. While these offenses typically deal with incidents of theft involving similar values, shoplifting specifically applies to any situation in which an individual steals from a business. Stealing more than $1,000 in goods qualifies as felony shoplifting. Possession of store security devices is a Class B misdemeanor which may lead to incarceration of up to three months and a $500 fine. A shoplifter is also likely to face civil penalties, such as the retail price of the item up to $1,500, if the item is returned in saleable condition, and a fine of $75 or five times the value of the item stolen up to $500.
The penalty for conviction of petit larceny includes a fine of $1,000, restitution to the victim for the value of goods stolen, and up to 364 days in jail. The penalties for grand larceny are much more severe, and New York state law defines multiple tiers at different value thresholds:
- Fourth-degree grand larceny is a Class E felony and covers theft from $1,000 to $3,000 as well as theft offenses pertaining to specific types of theft—theft of firearms, credit or debit cards, or motor vehicles in amounts between $1,000 and $3,000. Fourth-degree grand larceny also applies when an individual causes losses between $1,000 and $3,000 through means of threats or extortion. The penalty for conviction of fourth-degree grand larceny can include fines up to $5,000 or double the amount the defendant gained, and up to four years in prison.
- Third-degree grand larceny is a Class D felonyand applies to theft of $3,000 or more, or theft that involves breaking into an automated teller machine (ATM). This offense is punishable by up to seven years in prison.
- Second-degree grand larceny is a Class C felony and can apply to amounts in excess of $50,000. This charge is most often applied when a defendant commits grand theft by abusing a position as a public servant or by means of extortion or threats. A guilty verdict may lead to up to 15 years in prison and substantial fines.
- First-degree grand larceny is a Class B felony carrying a penalty of up to 25 years in prison and heavy fines. This charge applies when a defendant steals something in excess of $1 million in value.
How Serious Is an Identity Theft Charge?
What to Do When Facing Federal Theft Charges
It is vital to remember that a defendant does not get to choose whether they are tried in state or federal court. The severity of your offense could mean state prosecutors turn over the investigation to a federal court, but if any federal agency such as the Federal Bureau of Investigations (FBI) or Drug Enforcement Agency (DEA) is involved in your prosecution you are likely to face a federal trial.
If you are charged with federal crimes, you need a defense attorney who has solid experience handling criminal defense at the federal level. Different statutes come into play during federal criminal trials, and the penalties for conviction are typically far more severe than they are in state court. Your federal criminal defense attorney must be able to help you navigate the complex proceedings you face with confidence. They should have a firm understanding of federal case law that pertains to your situation and help you explore every available defense.
Robbery Charges
- Forcefully taking another person’s property from their immediate possession by force without the use of a weapon is a Class D non-violent felony punishable by up to seven years in prison.
- Robbery in the second degree is a Class C violent felony punishable by up to 15 years in prison with a mandatory minimum sentence of 3.5 years. This offense applies when the defendant is in possession of a weapon during the incident.
- First-degree robbery is a Class B violent felony that carries a sentence of five to 25 years in prison or longer if the defendant has a history of violent crime conviction. This charge applies when a weapon is used during a robbery.
What to Expect From Your Queens Theft Crimes Attorney
If you or your loved one was recently arrested for robbery, identity theft, or any other type of theft crimes in Queens, your situation can seem hopeless until you speak with an experienced defense attorney. Remember that in any criminal case, the burden of proof rests with the prosecution, and your defense attorney’s main function is to prevent the prosecutors from establishing guilt beyond a reasonable doubt.
When you choose the Law Offices of Robert Tsigler, PLLC, to represent you as your Queens theft crimes attorneys, we will help you exhaust every available option for defense in your case. We can help you determine which defenses are most likely to help your case, and if you have been wrongfully accused, we can uncover exculpatory evidence to prove your innocence. Additionally, our team will conduct an extensive review of the circumstances of your arrest and booking to ensure your constitutional rights and the right to due process were not violated in any way. If you are ready to start building your defense with the help of an experienced Queens theft crimes attorney, contact the Law Offices of Robert Tsigler, PLLC, today to schedule your consultation.
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If you have been charged with burglary, larceny, or robbery, do not delay. Call the Law Offices of Robert Tsigler, PLLC at 718-878-3781 for a consultation.
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