New York Property Crimes
Under New York law, property crimes encompass a wide range of charges that relate to some form of criminal activity impacting a person’s or business’ property. The charges for these types of crimes are wide-ranging and often are dependent on the value placed on the property damage. If the value of damage to the property exceeds a certain threshold, then the charge may be bumped up to the next level, which may cause a Class A misdemeanor to be charged as a Class E felony.
The difference in a person’s criminal record between a misdemeanor and a felony is vast. A felony will impact nearly every major life event moving forward, in one form or another. It is critical to do everything possible to avoid this outcome.
Property crimes may be as simple as stealing someone’s property or vandalizing a municipal property or as complicated as dealing in the receipt of stolen property as part of a complex theft ring. Some of the commonly charged property crimes include:
- Auto stripping;
- Breaking and entering;
- Cemetery desecration;
- Criminal mischief (vandalism);
- Criminal tampering;
- Larceny and grand larceny;
- Receipt of stolen property;
- Theft by false pretenses;
- Theft of services;
- Unauthorized use of a motor vehicle; and
- Unlawful use of a credit or debit card.
These crimes often are grouped in with non-violent crimes. It is important to note that despite many of these charges being misdemeanors and the large caseload carried by New York State prosecutors, they will not hesitate to crack down on these cases in order to further parlay their position of being “tough on crime.”
In developing a defense against a property crime charge, it is important to approach it from a step-by-step basis. First, the issue of whether the police officer had probable cause to arrest the suspect must be considered. Next, the documents used by the prosecutor to demonstrate that there were sufficient grounds to bring charges against the accused need to be reviewed to determine if there really were adequate justifications for the charge. Then, the procedures by which the law enforcement officers gathered the evidence should be analyzed for any constitutional violations or improper actions. Finally, the evidence itself must be scrutinized to determine if the prosecutor will be able to meet his burden of proof.
In addition to being highly defensible because of the circumstantial evidence that is used to form the foundation for many of these charges, many times these crimes are overcharged as a means of giving the prosecutor wiggle room to negotiate down the charges. However, the act of overcharging exposes key weaknesses in the case and provides a strong tool to attack the entire case.
Greco Neyland, PC Aggressively Challenges Property Crime Charges
When a person is charged with a property crime, he may believe that this is the type of matter that he can handle on his own. This could not be father from the truth. In fact, few, if any Judges will allow a criminal defendant to represent himself.
The diligent and knowledgeable New York Criminal Defense Attorneys at Greco Neyland, PC are so committed to ensuring that a person facing criminal charges understands his rights that we offer a free consultation in order to discuss the case and the potential long-term impacts. We know that the prosecutor is not going to give an accused a break and if given the opportunity, we will challenge the various aspects of your case directly. Call us at (212) 951-1300 to schedule a free initial consultation.
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Experience as a former prosecutor gives Jeffery Greco an edge in building the strongest possible defense strategy for the accused in New York City.
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