Larceny by trespassory taking, according to the New York Penal Code § 155.05, is theft committed with the element of trespass and the intent of permanently depriving the rightful owner of that property. The crime may be used to perpetuate both petit larceny and grand larceny crimes.

In order for the defendant to be convicted of larceny by trespassory taking, the prosecutor must establish that the taking have been accomplished by trespass (entering without permission). Trespass in such cases does not need to be physical trespass; larceny by trespassory taking may be virtual such as stealing passwords to banking accounts through computer trespass.

Whether the larceny is going to be charged as misdemeanor or a felony depends on the value of the property stolen; if it is valued at less than $1000 then it is a petit larceny, but if it is valued at greater than or equal to $1000 then it is a grand larceny.

When authorities are unable to determine the value of the stolen goods, section 155.20 of the New York Penal Code requires them to assume a value of less than $250. This is below the $1,000 cutoff that normally divides petit larceny, a misdemeanor, and grand larceny, a felony.

If you get caught for any kind of larceny, you will probably be arrested and charged. The severity of the penalties you’ll actually be hit with can depend on the quality of your legal defense, so it’s a good idea to hire a professional attorney right away.

If you have been arrested in Long Island or called to surrender by the Nassau or Suffolk Police for larceny by trespassory taking, then call our Long Island criminal lawyers at (516)-204 7611 to get professional legal advice.

Larceny by false pretenses is the stealing of a property by knowingly and intentionally making false statements of a past or existing fact, which induces the owner of the property to willingly pass ownership to the perpetrator.

Larceny by false pretenses is one of the most common forms of fraud that is prosecuted in Long Island. Why? Because the statute is so broadly written, it serves as one of those “catch-all” charges such as conspiracy or scheme to defraud.

But there are still provisions as stated within the New York Criminal Procedure Law for legal officials to follow in order to charge and prosecute the defendant successfully of larceny by false pretenses.

To be arrested and charged with larceny by false pretenses, the police must have probable cause to believe that the defendant has more than a willful failure to disclose, but to have deliberately and affirmatively act to create a false appearance.

In most of the cases our office has seen, larceny by false pretenses involves some form of defrauding Medicaid. Whether you are a healthcare provider who relied on the up-coding practices to bill Medicaid in excess, or a recipient who submitted a falsified Medicaid application annually to benefits, you must note that these acts generally meet the probable cause standard to charge the defendant of larceny by false pretenses.

Larceny by false pretenses carries a minimum of 1 year of incarceration, but depending on the value of properties the defendant has allegedly stolen, sentencing may vary.

If you have been charged with larceny by false pretense and offering a false instrument for filing in Long Island,  call our Long Island criminal lawyers at 516.204.7611 to get professional legal advice.

Larceny is a wrongful taking and carrying away of personal property of another with fraudulent intent to deprive the owner of his property without his consent.”  Federal larceny statute is 18 U.S.C. § 641. The only element required by the statute to be guilty of a federal theft crime is the taking of property belonging to the United States with the intention of converting it to one’s own use.”

The law defines property belonging to the United States as “any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof.”

The penalties for federal larceny crime for individuals committing the actual larceny and for those who receive stolen property with the intent to convert it to their use or gain knowing that the  property had been stolen depend on the value of the property. If the value of the property exceeds $1,000, violations are punished by a fine or not more than 10 years of imprisonment, or both. In cases where the value does not exceed $1,000, the penalty is a fine or imprisonment of not more than one year, or both.

In Long Island federal courts, the federal theft is used extensively, normally in prosecution of fraud cases. In one case, decided last year, U.S. v. Kasi, defendant was convicted of conspiracy to commit food stamp fraud, food stamp fraud, and theft of food stamp benefits, which falls under the federal theft statute. The United States District Court for the Eastern District of New York sentenced defendant to 57 months’ imprisonment.

If you were arrested or investigated for violating the federal larceny law in Long Island, then call our Long Island federal larceny defense attorneys at (516) 204-7611 for professional legal advice.