Theft & White Collar Criminal Defense in Westchester County
Protecting your future from shoplifting, grand larceny, and burglary charges
Understanding Theft and Financial Crimes in New York
New York classifies theft (legally termed “larceny”) by the value of allegedly stolen property and the circumstances involved. Petit larceny involves property valued under $1,000 and is a misdemeanor, while grand larceny ranges from fourth degree to first degree, with each degree carrying increasing penalties. Additional factors like property type and victim characteristics can elevate charges regardless of value. Understanding these classifications is critical to developing appropriate defense strategies and evaluating potential outcomes.
Beyond the criminal case.
A theft conviction carries stigma that extends far beyond court sanctions. Employers routinely reject applicants with theft-related records, viewing them as integrity indicators regardless of circumstances. Professional licensing boards, housing applications, and loan approvals all typically require disclosure of theft convictions.
For non-citizens, theft crimes can trigger deportation proceedings as “crimes involving moral turpitude.” Our defense approach considers these collateral consequences, focusing on resolutions that protect your reputation and future opportunities, not just the immediate case outcome.
Strategic Defense for Theft Charges
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Evidence Analysis
Theft allegations must be supported by reliable evidence establishing both the taking of property and criminal intent. We scrutinize surveillance footage, witness statements, financial records, and physical evidence for inconsistencies. Cases often hinge on questionable identification, shared access to property, or documentation gaps that undermine the prosecution's narrative.
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Intent Challenges
Theft requires proof you intended to permanently deprive someone of their property. Many cases involve misunderstandings, disputed ownership, good faith beliefs, or situations where permission was reasonably assumed. We develop narratives that challenge the prosecution's claims about your mental state and intentions at the time of the alleged incident.
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Restitution & Alternative Resolutions
For many theft cases, particularly first offenses, we can negotiate alternatives to traditional prosecution. Restitution payments, civil judgments, community service and diversion programs can provide pathways to case dismissal or significant reductions without derailing your future. These outcomes are based your specific circumstances. Contact our office for more information.
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Trial Defense
When cases proceed to trial, we construct compelling defenses highlighting reasonable doubt. This includes challenging witness credibility, presenting alternative explanations for evidence, and ensuring the prosecution meets their burden of proof on every element of the alleged crime.
FAQs
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Theft becomes a felony (grand larceny) when the property value exceeds $1,000, or when specific circumstances exist regardless of value; such as taking property directly from someone's person, stealing certain documents like credit cards, or theft involving breach of fiduciary duty. Even shoplifting can become felony grand larceny based solely on the item's value. We often challenge property valuations and circumstances that elevate charges from misdemeanors to felonies.
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Yes, many shoplifting cases can be resolved without conviction, particularly for first-time offenders. Options include ACD (Adjournment in Contemplation of Dismissal), participation in anti-theft programs, civil compromise with the retailer, or dismissal based on insufficient evidence. Security camera footage often fails to clearly establish all elements of the offense, creating opportunities for defense challenges.
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Theft (larceny) involves taking property without permission, while robbery involves taking property directly from someone using force or threats. This distinction is critical - theft ranges from violation to felony depending on value, while robbery is always a violent felony with potential prison sentences even for first offenders. Cases initially charged as robbery can sometimes be reduced to larceny when the evidence of force or intimidation is weak.
You deserve a strong defense.
Contact Courtney McGowan Law today for a confidential case evaluation and explore your options to protect your future.