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Article Title:
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Petit Larceny: Not Always Petty

Article Description:
====================

Petit Larceny, sometimes referred to as Petty Larceny, is defined
in New York State as a theft of property valued at less than
$1000. In contrast, Grand Larceny is a theft of property at least
$1000 in value.


Additional Article Information:
===============================

749 Words; formatted to 65 Characters per Line
Distribution Date and Time: 2008-10-02 11:12:00

Written By:     Warren Redlich
Copyright:      2008
Contact Email:  mailto:wredlich@...



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Petit Larceny: Not Always Petty
Copyright (c) 2008 Warren Redlich
Warren Redlich
http://www.redlichlaw.com/crim/petit-larceny.html



Petit Larceny, sometimes referred to as Petty Larceny, is defined
in New York State as a theft of property valued at less than
$1000. In contrast, Grand Larceny is a theft of property at least
$1000 in value.

A lot of people mistakenly assume that a misdemeanor is such a
small crime that the offense will not lead to jail time. This is
often true, but jail time is possible.

In the state of New York, petit larceny is classified as a Class
A Misdemeanor, which is subject to up to one year in jail, along
with the assessments of fines, restitution and court costs. In
most cases a good attorney will get the charges reduced to
something less.

According to the New York Penal Code Section S 70.15, a
conviction for a Class A Misdemeanor is subject to up to one year
in jail, provided certain other conditions are not met. If the
offender uses a weapon in the process of the crime, then the jail
time will be mandated to a minimum of one year. If the offender
had been convicted of other crimes in the previous five years,
then the judge is permitted to consider this additional
information when he or she considers sentencing.

Options

When facing the judge on a Class A Misdemeanor, such as
shoplifting, it is frequently in your best interests to consult
with a criminal defense attorney. The reason is because
prosecutors and judges in New York State have a lot of
flexibility, and an attorney will understand how to help you
negotiate with the court to ensure the best possible outcome.

If it is your first offense, a lawyer could possibly resolve the
case with an "ACOD" (Adjournment in Contemplation of Dismissal -
sometimes called an ACD). In essence, this is a "keep your nose
clean for six months" result, which if completed without any
further criminal matters, then your record will be wiped clean.

An ACOD frequently involves community service and restitution.

Every case is unique, so not everyone will be able to expect the
best possible outcome of an ACOD, but it is worth pursuing. Your
defense attorney will have a better idea, based on his knowledge
of the law and his experience in the courtroom, as to what could
be expected at sentencing.

Not First Offense

Even if this offense is not your first, an attorney might be able
to negotiate a deal for you. Defendants can work with the
assistance of an attorney to obtain a range of different results.

Fighting The Charges

Fighting a petit larceny may be the best option in some cases. If
the charge is shoplifting, chances are that the store's security
or the police officer found you in possession of the goods that
you are accused of shoplifting, or perhaps they have you on
video. Still, police and prosecutors often make mistakes along
the way.

You have to consider what evidence that the police have against
you, and the judge you are facing. There many factors that come
into play in making a decision.

A good criminal defense lawyer will know the landmines and how to
navigate through the dangers, to hopefully bring you to a
conclusion in which you are satisfied with the outcome.

Innocent

It is true that you are innocent until proven guilty, and in some
instances, you may actually be "not guilty" as charged. It
happens sometimes where officers pick the wrong person out of the
crowd and file charges that do not reflect the facts, and there
are cases where the "complainant" doesn't have good records to
document the alleged offense.

If this is the case, your defense lawyer will be your best
friend. Your attorney will know how to show the judge that you
were falsely charged in this case. Your defense attorney will
know how to clear you of the charges against you.

In some cases, your attorney may be able to present your case to
the prosecuting attorney and get your case dismissed even before
it goes to trial.

In Summation...

Petit Larceny is no small crime in the state of New York and
could result in jail time if you don't have a criminal defense
attorney working on your behalf.

We know people make mistakes, and it is understandable that you
might have to pay a price for your crime, but if you are a first
time offender, don't take the chance that you could spend time in
jail for a "petty" larceny.




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Warren Redlich is a criminal defense lawyer, practicing in Albany
New York. If you or one of your family members are facing charges
for petit larceny in the Albany NY metro area, learn more about
Warren Redlich's legal services here:
http://www.redlichlaw.com/crim/petit-larceny.html
If you are facing charges for grand larceny,
learn more here: http://www.redlichlaw.com/crim/grand-larceny.html


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