New York prosecutes theft offenses rigorously, encompassing a wide range of crimes, such as shoplifting and identity theft. Facing a theft charge in New York carries significant penalties, including a criminal record. If you have been accused of theft, securing our dedicated Suffolk County Theft Crime Lawyers is crucial to explore all available defenses. Please continue reading as we explore the definition of theft in New York and possible defenses.

What Constitutes Theft?

In New York, theft encompasses a range of offenses involving the unlawful taking of another’s property with the intent to deprive them of it permanently. These offenses are broadly categorized and graded based on various factors, including the value of the property involved and the specific circumstances surrounding the crime. At its core, theft requires the prosecution to prove:

  • A defendant wrongfully took, obtained, or withheld property from its rightful owner. You should note that this can involve physically taking an item, exerting unauthorized control over it, or preventing the owner from regaining possession of it.
  • The defendant had the intent to deprive the owner of the property or to appropriate it to themselves or a third party.

What Are Common Defenses Against Theft Charges in NY?

Successfully defending against a theft charge in New York hinges on the specifics of the alleged crime and the aggravating factors surrounding it. Several defenses may be applicable in your case:

  • Lack of Intent: A key element of theft is the intent to deprive the owner of their property permanently.
  • Mistaken Identity: The prosecution bears the burden of proving beyond a reasonable doubt that you were the person who committed the crime. If you have a credible alibi and are not the actual perpetrator, you may argue that you were mistaken for the actual culprit.
  • Valid Claim of Ownership or Consent: Presenting substantial evidence that you had a legitimate right to the property or demonstrating that the owner consented to you taking it can serve as a viable defense against theft allegations.
  • Mistake of Fact: If your actions were based on a genuine and reasonable misunderstanding of the facts, for instance, you believed the property was yours, you had permission to take it, or you thought you were only borrowing it, this can negate the necessary intent for a theft conviction.
  • Duress: If you were compelled to commit the crime due to threats or force, the defense of duress may be applicable. However, this requires demonstrating that you had no feasible alternative.
  • Entrapment: If law enforcement actions induced you to commit a theft that you would not have otherwise committed, you may have a valid defense based on entrapment, arguing a violation of your due process rights.

Contact Castro & Trodden, LLC today for a consultation with a knowledgeable Long Island criminal defense attorney ready to fight your theft charges.