New York Theft Crime Attorney

The most serious theft crimes in both New York and New Jersey are those that involve large amounts of money or property, the use of force, or additional aggravating factors. In New York, grand larceny in the first degree is the most serious theft-related charge. This occurs when property valued at over $1 million is stolen, and it is classified as a Class B felony, punishable by up to 25 years in prison. In New Jersey, the most serious theft charge is first degree theft of property valued over $75,000. This charge can carry a sentence of up to 20 years in prison and is usually pursued when the theft was committed alongside a violent crime. If the theft involved no violence, the offender would most likely be charged with second degree theft, which also involves the theft of property valued over $75,000 and is punishable by 5 to 10 years in prison.

In addition to the specific charges listed above, theft crimes that involve violence or threats (such as robbery or armed burglary) can elevate the offense and lead to harsher penalties.

The main distinction between a felony and a misdemeanor theft charge is the value of the stolen property and, in some cases, the circumstances of the theft. Aggravating factors can upgrade a misdemeanor to a felony, including the use of a weapon during the theft, theft from a vulnerable victim (e.g., an elderly or disabled person), and the presence of prior criminal convictions. 

Misdemeanor and felony theft charges in New York include:

• Petit Larceny: Value under $1,000 is a Class A misdemeanor.
• Grand Larceny: Value over $1,000 can range from a Class E to Class B felony depending on what was stolen.

In New Jersey, theft crimes can range from misdemeanors to felonies as well. Some of these charges include:

• Disorderly Persons Offense: Misdemeanor that involves theft of property under $200.
• Indictable Offense: Felony that involves theft of property over $200. Penalties escalate in severity based on the value of the goods stolen – ranging from fourth to second degree crimes.

The specific circumstances surrounding the theft play a major role in determining the charges and potential penalties in both New York and New Jersey. For example, the following factors may be taken into account when a charge is being determined:

• Method of Theft: Was the property taken by force, deception, or stealth?
• Victim: Was the victim a minor, elderly person, or public entity?
• Location: Was the theft from a home, business, or public place?
• Intent: Was the act intentional or was there a misunderstanding?

Stealing during a burglary or using a weapon during the theft can lead to additional or elevated charges. Also, if the alleged theft was committed as part of a larger scheme or fraud, the defendant could face charges such as identity theft or enterprise corruption, depending on the jurisdiction.

The term “property” in theft law is extensive and includes both tangible and intangible items. In simple terms, if something has value – monetary or otherwise – it can be considered property under theft statutes. Examples of property that can be stolen during a theft crime include:

• Physical Items: Cash, electronics, jewelry, clothing, vehicles.
• Real Property: Land or real estate (in specific contexts).
• Services: Cable TV, utilities, transportation, or internet access.
• Intellectual Property: Copyrighted materials or trade secrets.
• Digital Property: Cryptocurrency, digital files, or data.
• Identity: Credit cards, IDs, or passports.

Theft of services involves using services without paying for them when payment is required. In New York, theft of services can be charged as a misdemeanor or felony, depending on the value of the stolen services. New Jersey also treats theft of services as a serious offense, and penalties depend on the degree of the crime. Common examples include:

• Dining and dashing at a restaurant.
• Using public transportation without a ticket.
• Failing to pay for utilities or cable services that have been accessed. 
• Falsely representing yourself to receive professional services (e.g., legal, medical, or mechanical).

Criminal theft involves prosecution by the state and may result in fines, restitution, probation, or imprisonment. The burden of proof is “beyond a reasonable doubt,” and the focus is on punishing and deterring unlawful behavior. Civil theft, on the other hand, is a lawsuit brought by a victim seeking monetary compensation. The burden of proof is lower and involves “preponderance of the evidence,” where the result of the trial will depend on which party has the most convincing argument. The accusing party must be able to convey that it is more likely than not that their claims are true. Civil claims may also include treble damages, meaning that the victim could recover three times the amount of their loss if the theft is proven. 

In some cases, a person may face both criminal and civil consequences for the same theft.

Every theft crime is unique, so it’s crucial that you work with a criminal defense attorney who will take the time to learn the circumstances of your case in order to determine the best next steps. There are several defenses that a skilled criminal defense attorney may bring to court depending on the facts of the case. These include:

• Lack of Intent: You did not intend to steal the property.
• Mistaken Identity: You were falsely identified as the perpetrator.
• Ownership Claim: You believed the property was rightfully yours.
• Consent: The property owner gave you permission to take or use the item.
• Insufficient Evidence: The prosecution lacks solid proof of your involvement.
• Entrapment: Law enforcement influenced you to commit a crime you otherwise wouldn’t have.

Being charged with a theft crime, whether it’s a misdemeanor or a felony, can have serious and lasting consequences, including a criminal record, job loss, damaged reputation, and even jail time. At The Gallucci Law Firm, we understand the stress and uncertainty that comes with criminal charges, and we are committed to fighting for the best possible outcome for each of our clients. An experienced criminal defense lawyer like Mario Gallucci has the power to protect your constitutional rights by evaluating the strength of the prosecution’s case, negotiating plea deals or alternative sentencing, and developing a customized defense strategy. With the proper techniques in place, your lawyer will work to get your charges reduced or even dismissed entirely. If you or someone you love is facing theft crime charges, don’t wait – contact The Gallucci Law Firm for the legal representation you deserve today.