While it may be prosecuted a distant fourth or fifth to other New York theft and larceny misdemeanor offenses including Petit Larceny, Criminal Possession of Stolen Property in the Fifth Degree, and Theft of Services, Fraudulent Accosting is no less serious in the eyes of the law. With that said, just as you need an experienced New York shoplifting lawyer should you be arrested for either New York Penal Law 155.25 or New York Penal Law 165.40, you will certainly want an experienced criminal lawyer to represent you in the face of New York Penal Law 165.30 arrest.Defining Fraudulent Accosting
Fraudulent Accosting is defined in the New York Penal Law as a crime where you accost another person in a public place and you possess the intent to defraud that person out of money or some other type of property. Further, this defrauding must be done through trick, swindle or a confidence game.
Although this crime seems fairly clear and concise, there is a law “on the books” that assists Assistant District Attorneys in prosecuting these crimes. In fact, pursuant to New York Penal Law 165.30(2), if a person engages in the kind of conduct or conversation typical of or commonly made in the perpetration of a known type of confidence game, it is presumed that person intended to defraud the other party of either money or some other property.Other Noteworthy Issues Involving NY PL 165.30
As noted above, like other misdemeanor crimes, Fraudulent Accosting is punishable by as much as one year in jail. However, before ever being convicted or sentenced, prosecutors must always prove each element of this crime beyond a reasonable doubt. To that end, one issue that has repeatedly come up throughout the case law is the example where the complainant party approaches or initiates with the accused accoster. In such a circumstance, is the accused guilty of Fraudulent Accosting? The following blog entries should she some light on this and other issues:
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