Larceny is a serious criminal offense in New York, punishable by imprisonment and hefty fines. Larceny is the wrongful taking of another person’s property without their consent and intending to deprive them of the property permanently.
To secure a conviction for larceny, the prosecutor must prove beyond a reasonable doubt that the accused intended to steal the property. However, there are potential defenses to larceny charges that a skilled criminal defense attorney may employ to help their client avoid a conviction.
Lack of intent
The prosecution must prove that the accused intended to steal the property. Therefore, if the accused took the property accidentally or without the intent to steal it, then they cannot be found guilty of larceny. This defense is often used when the accused is found in possession of the property they believed to be their own or had a legitimate right to take.
Claim of right
The defense of claim of right can be used when the accused believed they had a right to the property in question. For example, if the accused took the property because they believed that the owner owed them money, they may be able to use this defense to avoid a conviction for larceny.
If the property owner permitted the accused to take the property, there could be no larceny. Therefore, if the accused can prove that the owner permitted them to take the property, they may be able to avoid a conviction for larceny.
It can be a scary situation if you are facing larceny charges in New York. Knowing your legal rights and potential defenses to the charges will help you with the legal process.