Search Site
Menu
The elements of larceny in New York

Property crimes are treated quite seriously in New York. Those who have had their property stolen or damaged are often quick to point the finger, and aggressive law enforcement officers and prosecutors are ready to press the matter. Although this thirst for justice is admirable, it can also be dangerous, as innocent individuals are often left standing in the way of their steamroller justice. Yet, those who know the law and how to utilize it to their advantage can protect themselves and ensure that they will only be punished if they are found guilty of an alleged crime beyond a reasonable doubt.

Perhaps the most important thing to know when facing criminal charges is what, exactly, the statutory language says about the offense being alleged. Theft, for example, like many other crimes, contains certain legal elements, each of which must be proven by the prosecution. In the case of theft, or larceny, a conviction can only be obtained, essentially, if two elements are proven.

The first element is an actual taking. New York’s statute on this matter indicates that wrongfully taking, withholding, and obtaining the property of another qualifies for this prong of the offense. The second element involves intent. Larceny only occurs once an individual commits a wrongful taking with the intent to deprive the property’s owner of his or her right to the property.

Depending on the circumstances at hand, one or both of these elements can be difficult prove. Proving intent, especially, requires the prosecution to put on evidence that portrays the defendant’s state of mind at the time of the alleged act. A competent criminal defense attorney will know what to expect from a prosecutor with regard to these elements, and he or she will know how to combat them. Therefore, rather than leave one’s future to chance, an accused individual should take the bull by the horns and ensure that the criminal defense that he or she deserves is put forth.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    I was extremely pleased with Mr. Riotto, his office staff, and the results he achieved. I would highly recommend him.

    Read more

    Joseph Campanelli

  • lawyers
    5.0/5.0

    Having never received a traffic/speeding ticket, and as a busy professional not having the time to spend going to court to contest it, I did a fair amount of searching for a firm that would have the background and experience that could best represent...

    Read more

    Client

  • google
    5.0/5.0

    I was referred to the Riotto firm by an out-of-town attorney My traffic case was professionally handled with an OUTSTANDING result, much better than I expected. I'm very grateful to the team at The Law Office of James L. Riotto and recommend them h...

    Read more

    John Cook

  • google
    5.0/5.0

    I have worked with Riotto Law Firm several times and I have been pleased with the results they have been able to secure for me. They are professional and pleasant to work with and have saved me a lot of money and heartache with traffic tickets. I wo...

    Read more

    Mary Beth Ransom

  • lawyers
    5.0/5.0

    Mr. Riotto made me feel at ease from the start. He always had my best interests in mind and worked hard to drive the best possible outcome. His communication and professionalism were outstanding.

    Read more

    Client

See all reviews
Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Contact us

Quick Contact Form