Fraud, Larceny & Possession of Stolen Property

A larceny occurs when property is unlawfully taken with the intent to deprive the rightful owner of its possession. For instance, shoplifting an item from a store is a larceny and will be classified as a misdemeanor (less serious) or felony (more serious) based upon the value of the item lifted. Larcenies are not limited to stealing from stores and may be charged under different circumstances. For example, a larceny occurs when property is obtained “pursuant to a scheme to defraud” or “by committing the crime of issuing a bad check.” Larceny is a non-violent crime and is distinguishable from a robbery as there is no physical force involved in the taking. The degree and the corresponding penalties for larceny and possession of stolen property depend upon a variety of factors such as the monetary value of the property stolen, the nature of the property stolen and any previous criminal history involving theft of property.

Fraud involves deception and trickery. NYS Penal Law Title K Offenses Involving Fraud includes all the statutes and definitions for crimes that constitute a fraud in New York. Typically, there will be an allegation of a material misrepresentation intended to induce the victim or injured party to depart with their property or provide a service in any charge of fraud (Pay close attention to the language of any financial or legal documents that require a certification at the bottom of the last page).

A conviction for fraud, larceny or possession of stolen property will result in a criminal record. It will impact future educational and
employment opportunities and may result in jail time (as well as detention and deportation if you are not a U.S. citizen). Restitution equal
to the amount of money stolen will be required as a condition of a negotiated disposition.

As a former prosecutor and practicing criminal defense attorney, Stanford Bandelli has an established record of success in protecting his
clients and minimizing their exposure when charged with Fraud, Larceny or Possession of Stolen Property.