Defenses to an Embezzlement & Grand Larceny Arrest in New York
It would be easy to say that there is a "one size fits all" defense to a New York indictment or arrest for Grand Larceny and Embezzlement. Sadly, nothing is that easy. If a criminal lawyer in New York tells you otherwise, further investigating your options and legal representation is a prudent step to take. Generally speaking, however, there are three relatively broad themes or approaches. In one particular case the best defense to an arrest for a New York Embezzlement arrest may be to deny the factual allegations and to challenge those allegations with your own evidence. Maybe the best means to defend your case is to mitigate your conduct. Alternatively, there may be legal or procedural grounds to challenge an indictment. Was there a statement taken from you where not properly advised of your rights? Was the indictment not drafted or voted out properly or was a search of your computer or apartment conducted illegally? Lastly, some crimes in the New York Penal Law have particular subsections within a statute that establishes a defense. Whatever your defense may be, the sooner you identify that defense and implement that defense the better off you will likely be.
In the realm of Grand Larceny crimes that are perpetrated by an alleged Embezzlement scheme, there is a section of the New York Penal Law that many inexperienced criminal attorneys are not familiar with. Although there has been some questions as to how to apply the statute, New York Penal Law 155.15(2) establishes an affirmative defense to Embezzlement if the property that you took, whether it is money or some other object, was taken with a claim of right. This claim of right cannot merely be based on a whim, but must be based in good faith. Obviously, "good faith" is defined by the facts put before a judge or a jury. They, not you or the prosecution, will determine if your claim of right has passed this hurdle. Furthermore, this affirmative defense must be raised by your criminal defense attorney and will not be presented in any way by the Assistant District Attorney prosecuting your case.
- Theft & Larceny Basics: Understanding New York Criminal Law
- Defining Grand Larceny by Embezzlement
- Theft Convictions: Collateral Consequences
- Embezzlement Guidelines
- Crimes Associated with Embezzlement
Having identified various defense themes, no criminal lawyer or Embezzlement attorney in New York can make a blanket statement as to which defense or what type of defense would work best in your case. He or she must fully vet the evidence and allegations against you before making that determination. While the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC have successfully kept clients out of jail in multi-million dollar First Degree Grand Larceny (New York Penal Law 155.42) allegations, we have also kept numerous other clients from suffering the permanent stigma of a felony conviction as well as incarceration in Third Degree Grand Larceny (New York Penal Law 155.35) and Fourth Degree Grand Larceny (NY PL 155.30) arrests. As much as we wish we could assert that our case results speak for themselves, past success in no way guarantees future results. Each of these cases had a uniquely tailored defense as dictated by the specific case, evidence and allegations. Your case will require the same.
Whether or not our criminal attorneys can obtain the same result in your particular case depends on too many factors to address here. Prior results in no way guarantee future outcomes. One thing is certain, however. Instead of compounding your current predicament further by not taking the proper steps, contact one of our New York criminal defense attorneys so that we can ascertain whether there is a viable defense to the allegations. Once identified, we will set that defense into motion and work diligently in your defense to best preserve your freedom and your future.
To better educate yourself on New York theft crimes and New York larceny laws, please review the NewYorkTheftAndLarcenyLawyersBlog.Com where you will find professional assessment of legal decisions, criminal statutes and cases in the news. Additionally, the NewYorkCriminalLawyerBlog.Com offers similar analysis for both theft and non-theft offenses in New York.
Call the New York Grand Larceny & Embezzlement Attorneys at Crotty Saland PC at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now