In the New York criminal code, the term “jostling” is defined as elbowing, pushing or bumping into another individual in a crowded area. Jostling a person can be an accident, particularly if you are riding in a crowded subway car or a packed bus. Nevertheless, jostling is a crime because it is also a known technique that people use in order to effect a theft. Under New York Penal Law § 165.25, it is a criminal act to:
If you are up against a charge of jostling, you are also very likely to also be charged with a connected theft crime, such as petit larceny. An additional charge you could face is a criminal possession of stolen property offense.
Ted and Angus were standing on either side of Zainab, along with a number of other people waiting for a bus on the sidewalk. Angus’s hand was very close to Zainab’s purse. At the moment that Ted pretended to accidentally bump into Zainab, Angus put his hand inside of Zainab’s purse, slipped her wallet out, and walked away. Ted politely apologized to Zainab for his clumsiness and he also quickly walked away from the scene. A few moments later, Zainab realized what had happened and notified a nearby police officer. Fortunately for Zainab, the police were able to quickly apprehend both Ted and Angus. Both Ted and Angus could be charged with the crime of jostling. In this scenario, they could also face charges of petit larceny as well as criminal possession of stolen property.
Offenses that are Related
Criminal possession of stolen property in the fifth degree: New York Penal Law § 165.40
Petit larceny: New York Penal Law § 155.25
Grand larceny in the fourth degree: New York Penal Law § 155.30
If you can demonstrate to the court that your jostling of another person was purely accidental and that you had no intention of stealing from that individual, then you have a valid defense against a charge of jostling.
Due to the fact that jostling is categorized as a Class A misdemeanor, if you are convicted, you could be sent to county jail to serve up to one year. On top of that, you may also be ordered by the judge to pay a fine. It is additionally possible for the judge to sentence you to a probation term of 3 years.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201