Criminal Defense Lawyers

Justification Defenses for Theft & Larceny Charges in Brooklyn

Fighting Theft and Larceny Charges in Brooklyn with Justification Defenses

Being arrested and charged with theft or larceny in Brooklyn can be an incredibly stressful and scary situation. Many people facing these charges have never been in trouble with the law before and aren’t sure where to turn or what their options are. The good news is that there are often justification defenses that can be used to fight larceny and theft allegations. With an experienced Brooklyn criminal defense lawyer on your side, you may be able to get the charges reduced or even dismissed.

Common Theft and Larceny Charges in Brooklyn

There are a few common theft and larceny charges that people in Brooklyn often face:

• Petit Larceny – This is charged when the value of the alleged stolen property is under $1,000. Petit larceny is a misdemeanor in New York.
• Grand Larceny – Grand larceny applies when the purported value of the stolen goods exceeds $1,000. This is charged as a felony offense.
• Shoplifting – Shoplifting involves stealing merchandise from a store and is charged as petit larceny, a misdemeanor. However, it may become a felony if the person has two prior shoplifting convictions.

The penalties for theft and larceny charges vary widely depending on the specific offense and the defendant’s criminal history. Petit larceny may result in up to 1 year in jail while grand larceny can carry state prison time of up to 25 years. This makes having an experienced lawyer all the more important.

Using Justification Defenses to Contest Theft Allegations

In some theft and larceny cases, the defendant may have a legal justification defense. A justification defense means that even though the criminal act may have technically occurred, there are special circumstances that excuse the conduct or exempt the person from criminal liability.Some possible justification defenses that may apply in Brooklyn theft and larceny cases include:

• Mistake of Fact – The defendant had an honest but mistaken belief regarding the facts that negates criminal intent. For example, the person believed they had permission or the right to take the property.
• Claim of Right – The defendant took property under a sincere belief that they had a lawful claim or ownership right to the property. This could apply if there was a dispute over who rightfully owned an item.
• Necessity/Duress – The defendant took or possessed the item due to an immediate threat or danger. For example, stealing food due to hunger and lack of means to purchase it.

To use a justification defense for a theft or larceny charge, the defense lawyer must gather evidence and witness testimony to prove the special circumstances existed. If accepted by the judge or jury, justification defenses can lead to reduced or dismissed charges.Some examples of justification defenses being successfully used in New York theft cases include:

• A defendant who took food from a store due to extreme hunger and poverty had the charge dismissed based on the necessity defense.
• Someone who took property left behind in an apartment they moved out of had the charge dismissed because they reasonably believed the items were abandoned.
• A person who took merchandise from a store under the mistaken impression that their spouse had already purchased it had the charges reduced from grand larceny to disorderly conduct.

As you can see, skilled criminal defense lawyers can often get excellent results in theft cases by presenting evidence to prove justification defenses.

Finding the Right Brooklyn Criminal Defense Attorney

If you are facing theft, larceny or shoplifting charges in Brooklyn, having an experienced criminal defense lawyer on your side is crucial. The lawyer can evaluate if a justification defense may apply to your specific case based on the facts and circumstances involved.Here are important tips on finding the best attorney to fight your Brooklyn theft charges:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• Choose a local lawyer – It’s vital to work with a lawyer who knows the courts and judges in Kings County (Brooklyn). This gives them an advantage compared to out-of-town attorneys.
• Find an aggressive trial lawyer – Many theft cases can be won through effective pretrial negotiations or mounting a strong defense at trial. So choose a lawyer with a proven record of getting charges dismissed pretrial or acquittals at trial, not just plea deals.

• Select an attorney focused on criminal defense – You want a lawyer who specializes in criminal defense, not someone who handles these cases occasionally. Ask how many theft cases they take on annually.
• Meet for an initial consultation – Sit down with the lawyer to go over the facts of your case. Find out their approach, experience with similar cases, and if they believe a justification defense could apply.

During the consultation, pay attention to how comfortable you feel with the lawyer and their level of responsiveness. This is the person who will be by your side fighting the charges so it’s vital to have confidence and trust in them.

What to Expect at First Court Appearances

If you‘ve been arrested for theft or larceny in Brooklyn, your case will start with a few initial court appearances:

• Arraignment – This first hearing is typically the day after the arrest. You will be formally charged and can enter a plea of guilty or not guilty. The judge decides on bail conditions and may release you or set bond.
• Adjournments – Several short administrative court dates will be scheduled over the first few months so the prosecution and defense can exchange evidence and discuss possible plea deals.
• Pre-trial hearings – During these hearings leading up to trial, your lawyer can present justification defenses and argue to get charges dismissed or reduced.

Having your criminal defense lawyer by your side at every court appearance is important. If you can’t afford an attorney, you may qualify for a free court-appointed lawyer.

Consequences of Theft and Larceny Convictions

The penalties for being found guilty of theft or larceny charges depend on the specific offense and prior record but can be severe. Some potential consequences include:

• Jail / Prison time – Petit larceny can result in up to 1 year in jail while grand larceny carries state prison time up to 25 years.
• Fines – Fines up to $5,000 may be imposed for misdemeanor petit larceny while felony grand larceny fines can reach $20,000.
• Probation – Terms of probation often include community service, theft awareness classes and avoiding further legal violations.

• Permanent criminal record – Theft and larceny convictions stay on your record permanently and must be reported on job/housing applications.
• Loss of certain rights – In some cases, those with larceny convictions lose the right to possess firearms, adopt children or hold public office.