Crimes that can Lead to a Larceny Charge
Larceny is a general term that encompasses a variety of criminal acts. If you or someone you know has been charged with larceny, it is necessary to immediately inquire into the specific allegations raised. Some common offenses that may lead to a larceny charge include theft of property, writing bad checks, acquiring lost property, false promise, and embezzlement.
Theft of Property
A commonly committed larceny offense is theft of another’s property. A person commits larceny by theft when he or she wrongfully takes, obtains or withholds property from the owner of such property. The act is considered a crime if the person took, obtained or withheld the property with the intention of depriving the owner from that property or to keep the property for personal use or for use by a third party. Shoplifting is a common example of a larceny offense committed by taking another’s property.
Writing Bad Checks
Issuing a bad check is another criminal offense in the state of New York. Generally, this offense is committed when an individual provides a check knowing (a) that the account for which the check is written does not have sufficient funds to cover the amount of the check, and (b) he intends or believes that the payment will be refused upon presentation for payment, and (c) the payment is refused upon presentation.
Acquiring Lost Property
People often take the position that lost property is “fair game.” This is a mistaken belief. In New York, you may be charged for taking property that is lost if you had knowledge of the status at the time of taking. You may also be charged with this offense for failing to take reasonable measures to return property that has been delivered while mistaken as to the identity of the owner.
Under the law, it’s not automatically illegal to make a promise you cannot keep. However, a person may be charged with this type of larceny by obtaining property as a result of making a representation to take a particular action in the future. The essential requirements in prosecution for a false promise are obtaining from property of another, pursuant to a scheme to defraud, at a time in which there is no intention to perform the act.
A person may be charged with larceny if the individual committed a theft while in a position of trust. If you have been charged with larceny by embezzlement the state is alleging there was a fraudulent conversion of another individual’s property. In many instances, embezzlement is a theft involving money assets.
Let us Defend your Larceny Case
The offenses listed above are not the only acts that may result in a charge of larceny. If charges are pending, contact Philip J. Murphy, Attorney at Law. Attorney Murphy has the experience that your case needs. At our firm, we pride ourselves in devoting time to each and every matter in an effort to obtain the best result possible. For an initial consultation, contact us today in Rockland County.