Grand Larceny by Embezzlement & Value
In New York, larceny is the unlawful taking of property belonging to another. The unlawful taking is done without consent of the property owner. It is also done with the intent to permanently deprive the owner of their property.
The state has several larceny laws depending on the value of the property and how it was allegedly unlawfully taken. New York criminal law includes embezzlement under the crime of larceny.
Embezzlement in New York is the Crime of Taking Property Entrusted to You
Embezzlement involves unlawfully taking property of property entrusted to the accused by the property owner. It involves the wrongful taking or withholding of property. The property can be money or:
• Personal property
• Computer program
• Evidence of a contract or debt
• Real property
• Credit card
Unlike other types of larceny this is typically committed in the workplace. For instance, a person entrusted to keep funds for an employer transfers the money into their personal account instead. Another example of embezzlement occurs when a person taking care of an elderly person takes their personal property home with the intent to keep it.
The property can be taken outright or misused. The key difference between larceny and embezzlement is that you are entrusted with the property you allegedly used or took.
Embezzlement Elements Needed to Convict You of the Crime in New York
Prosecutors in New York must prove you committed embezzlement. They must do this by using elements. These elements are a step-by-step guide used to show how you allegedly committed the crime. When the prosecutor has sufficient evidence, it should leave no doubt in the mind of the jury or judge of your guilt.
The elements include:
• You were entrusted to care for or keep property
• The property belonged to another
• You unlawfully took that property
• You did not have consent to take the property
• You intended to deprive the owner of the property
It is important to remember that any element will harm the prosecutor’s case. This means they will not prove beyond a reasonable doubt that you committed the crime.
Penalties Associated with a New York Embezzlement Conviction
Anyone accused of embezzlement, faces serious punishment according to the value of the property taken. The punishment is like other larceny penalties and includes:
• One year in prison and $1,000 fine for property valued less than $1,000
• Four years in prison and $5,000 fine for property value less than $3,000
• Seven years in prison and $5,000 fine for property valued less than $5,000
• 15 years in prison and $15,000 fine for property value ranging from $50,000 to $1 million
• 25 years in prison and $30,000 fine for property valued at more than $1 million
Defenses to Embezzlement in New York
If you are charged with embezzlement in New York, the first thing you must remember is that you have not been convicted. You must act fast, but you do have time to build a solid defense with the help of the right criminal attorney.
The specific defense you will used depends on the circumstances of the case. Every crime has some common defenses. These defenses are used by a lot of people facing a crime. You may or may not find the defense you can use below. The following are some defenses commonly used by people facing an embezzlement charge:
• You obtained the property under good faith. This means you did not take or convert the property for your own use.
• You did not have the intent to permanently deprive the owner of their property
• You did not unlawfully take property you were entrusted with keeping
• You had consent to take the property. The consent was given to you by the property owner. Consent negates all elements of an embezzlement charge.
You have options to use a more specific embezzlement defense. You should talk to a criminal attorney about all available defenses.
Defend Yourself against the New York Embezzlement Charge with the Help of Tough Criminal Attorneys
New York takes non-violent property crimes seriously. You face prison time and hefty fines if convicted. Now is not the time to worry about a criminal conviction. It is the time to fight the charge and get it dismissed or reduced.
Start proving your innocence with the help of a tough legal New York legal team. During our initial consultation, our job is to listen to your side of the facts. We investigate to up come evidence to discredit the prosecutor’s case. Our goal is to prove your innocence, get your case dropped or charge reduce.
We will work for you. Contact us immediately so we can start working on your case. If you have not been arrested, but you are under suspicion, contact us. We will work on your case before criminal charges are filed to protect your legal rights.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic