Property management can take many forms. Sometimes, people need help from others in order to manage the things they own. If there is a problem with this person’s use of such property, a legal issue known as misapplication of property may come into play. Misapplication of property is when someone encumbers or disposes of property that does not officially belong to them. This specific charge differs from other legal charges such as larceny. Unlike larceny, the property owner had initially agreed to let the person use the property in some way. In turn, the person being given such legal ability choose to dispose of it without the owner’s consent or held on to it without the owner’s agreement. Under New York state penal laws, people can be charged with this crime if they fall under certain circumstances. This means that the person was entrusted with the property and they leased, loaned, pawned or pledged it without the owner’s consent. The person can also be charged if they did not return the property as agreed upon as part of rental agreement.
For example, one party lent another a special pair of earrings that were worth a lot of money. The other party lost one of the earrings. She told the person who loaned her the earrings about their loss. The other party threatened to call the police. However, she cannot be held responsible for misapplication of property because there is no evidence that the person in question deliberately choose to lose the item or give it someone else without the owner’s consent. Those who are facing this problem may be charged with other offenses that are related legally to this statute. Under New York state laws, people can be charged with grand larceny in the fourth degree or another legal consequence such as criminal possession of property in the fifth degree. These are relatively serious charges that may lead to all sorts of potential legal problems for anyone who is convicted of such crimes.
Anyone who is faced with this charge will need to counter this kind of serious charge in court. Many lawyers take a certain approach to this issue where they intend to dispute the charge itself by arguing that any use the property was either done in accordance with the owner’s agreement or done by accident without the intent to harm the item or even damage it so the owner cannot use it. They can also argue that the owner has their property back so no harm was done. It is important for any defendant to understand that prosecutor must be able to prove that the person did not have permission from the owner of the property before acting as they did. A person may choose to argue that they did not have permission and did dispose of the property, the owner was able to get their property back and has full use of it. Sometimes, the property may be accidentally destroyed when the person has it their possession. In that case, the person cannot be charged with misapplication of property under the laws of New York state.
Misapplication of property is considered a class A felony under the laws of New York state. A judge can choose to sentence any defendant convicted of a year behind bars in prison. Other legal penalties can also be imposed on any defendant who has been convicted of this crime. For example, the judge may choose to levy a fine. They can also order the convicted defendant to pay the amount that was lost by the owner as compensation for the value of the item. However, the judge may also decide to sentence the person to probation. This kind of charge is not a felony. It is the less serious misdemeanor charge and conviction. At the same time, it is still best to have skilled legal counsel on the person’s side.
