Larceny, or theft, refers to the illegal act of intentionally depriving someone else of their property without their consent. This property can include anything of value, from software, data, and services to physical goods, vehicles, utilities, and more.
Although larceny charges are generally filed when someone has been accused of stealing for their own personal gain, these charges may also be filed when another’s property has been destroyed or disposed of permanently. Whether they are misdemeanors or felonies will depend on various factors, like:
- The value of the property that was allegedly stolen or disposed of
- Where the property was allegedly taken from
- The type of property
Getting charged with larceny can turn your life upside down fast. You might be feeling anxious, confused, or even ashamed. You’re wondering what happens next and probably asking yourself how to protect your future, job, reputation, and family. It’s a lot. And it’s okay to feel overwhelmed.
At The Law Offices of Michael J. Borrelli P.L.L.C., we help clients across Westchester County, Putnam County, and Rockland County face these moments head-on, taking each case personally and seriously. We focus on helping you move forward with clarity, confidence, and a real strategy. We don’t believe in scare tactics or one-size-fits-all answers; we believe in facts, communication, and using the law the way it was meant to work — for the people.
Do not hesitate to contact us if you or a loved one faces a theft charge.
Types of Cases We Defend
Here’s a closer look at various types of larceny charges in Westchester, NY, along with the potential penalties for each. For additional information related to a specific larceny or criminal case you may be facing in Westchester County, simply contact Westchester larceny lawyer Michael J. Borrelli.
Auto Theft
The theft of any vehicles valued at $100 or more (and not including motorcycles) is generally associated with 4th-degree grand larceny charges under New York law. These Class E felony charges can be:
- Filed even when someone may have just been on a joyride: Sometimes, an accused individual may have intended to borrow a vehicle or bring it back. Other times, misunderstandings, confusion, or miscommunications can lead to auto theft charges.
- Punishable by up to four years in prison in the event of conviction: The charges and potential penalties will only get more severe once an accused individual has priors on their record.
- Elevated to more serious felony-level charges as the vehicle's value increases: While allegedly stealing a vehicle valued at $30,000 to under $60,000 can lead to 3rd-degree grand larceny charges, the theft of a vehicle worth $60,000 or more can result in 2nd-degree charges.
If your larceny charges involve a vehicle, you may also face charges related to various traffic violations.
Burglary
Burglary is the illegal act of unlawfully entering another party’s premises with the intent of committing some other crime, like theft. Generally, burglary in the 3rd degree is the most basic form of the charge. Applying to situations when no aggravating factors are involved, 3rd-degree burglary is filed as a Class D felony offense in Westchester County, NY. As such, it can be punishable by 3 to 7 years in prison.
If, however, an alleged burglary involves a weapon or injuries to bystanders, the charges can be filed as Class C felonies, which can bring up to 15 years in prison upon conviction.
Identity Theft
Identity theft involves using someone else's personal data for financial gain. These cases often intersect with cybercrime and can involve complex digital evidence. Under New York law, these charges can be filed in the:
- First degree: The most serious level of identity theft charges are Class D felonies filed when $2,000 or more in theft or financial losses have resulted from the offense. Upon conviction, they can result in up to $5,000 in fines and up to 7 years in prison.
- Second degree: When identity theft results in theft or losses between $500 and $2,000, these Class E felony charges can be filed. A conviction can mean up to four years in prison and up to $5,000 in fines.
- Third degree: These Class A misdemeanor charges may be filed for offenses resulting in losses less than $500. They can bring up to 1 year in prison and up to $1,000 in fines.
Credit Card Theft
Use or attempted use of a stolen credit card or debit card is a Class E felony offense in Westchester, Putnam, and Rockland Counties. While these charges can be punishable by up to four years in prison and up to $5,000 in fines, that could be just the beginning, as credit card theft often comes with forgery, larceny, and other charges.
Shoplifting
Also referred to as “petit larceny,” shoplifting charges are usually Class A misdemeanors. As with other larceny charges, prior convictions and aggravating circumstances can result in more severe charges and potential penalties.
Learn more about being charged with larceny for shoplifting in New York.
Check Forging
These Class D felony charges can be filed for alleged acts of forgery, as well as for the alleged possession of forgery tools.
Embezzlement
The amount of money allegedly stolen will impact the level of felony charges for embezzlement. While amounts between $3,000 and $50,000 can be met with Class De felony charges, an embezzlement case alleging the theft of more than $50,000 (and less than $1 million) can bring Class B felony charges and up to 24 years in prison, upon conviction.
As a trusted embezzlement lawyer, Michael J. Borelli has extensive experience with financial documentation, accounting practices, and corporate policies. Our law offices comb through everything from banking records to company procedures to construct your defense.
Extortion
Also referred to as “theft by extortion” or blackmail, this offense relates to alleged acts of intimidation or threats in an effort to obtain something of value from another individual. While extortion can be a Class E felony at the most basic level, it is elevated to a Class C felony when threats of physical harm are involved.
Extortion lawyer Michael J. Borelli looks at how those threats were made, what the actual conversation looked like, and what the context was. These details can be the difference between dismissal and imprisonment.
Larceny Defense Cases: What the Accused Need to Know
When larceny charges have been leveled at you, there’s a lot on the line — from your reputation, career, and relationships to your freedom and, quite possibly, your future. As scary as misdemeanor and felony larceny charges can be, it’s essential for anyone who is accused to remember that:
- They are innocent until proven guilty: Don’t give away your rights by pleading guilty without first talking to a lawyer. Also, if you can help it, avoid speaking to the police or answering questions without an attorney present.
- The prosecutors have the burden of proof: This means that they must prove beyond a reasonable doubt that the accused committed the offense. The defense only needs to prove it’s possible that something else happened, such as there was some misunderstanding or the defendant did not intend to take the items in question.
- Procedural errors can help the defense: This can include mistakes made during the arrest and/or investigation, like failing to Mirandize the accused before making an arrest or illegally searching the accused and seizing alleged evidence.
It’s never too early to involve an experienced criminal defense attorney when larceny charges could be or have been filed against you.
Legal Strategies for Larceny and Theft Cases
Each theft or larceny case has its own background, and we approach every client with that in mind. You’re not just a case number—you’re a person with a story. The legal system moves quickly, but with the right approach, there’s usually a way to shift the momentum in your favor. Here are some common approaches we consider:
Lack of Intent to Permanently Deprive
Larceny charges often hinge on the idea that the accused intended to take something and never return it. This concept of intent plays a major role in theft cases and must be proven beyond a reasonable doubt. If you borrowed something or believed you had permission to use it temporarily, that could drastically change how your case is viewed. Our team reviews your actions, examines communication between parties, and analyzes how the property was handled. If there's no clear effort to keep the item permanently, we use that information to build a strong defense.
Mistaken Identity
Mistaken identity happens more often than most people realize, especially in cases that involve robbery or assault where witnesses feel pressure to recall faces quickly. Surveillance footage is often grainy, and stressful situations can affect how memories form. Eyewitnesses may think they saw one thing, but later evidence can tell a different story. We review all details, including digital footage, witness statements, and timelines, looking for inconsistencies that cast doubt on the accusation. If you were misidentified, we aim to clarify that in court or during negotiations.
Ownership Disputes
Some larceny cases are less about theft and more about disagreement over who actually owns the item in question. Property disputes often appear in family disagreements, probate cases, or situations where two people contributed financially to the same item. These gray areas in ownership can easily lead to accusations when emotions run high. Michael J. Borelli takes time to dig into purchase records, agreements, and conversations to uncover the full picture.
Consent From the Owner
Having permission to use or borrow something completely changes the nature of a theft case. If the property owner gave you verbal or written consent, that makes a huge difference in court. In some situations, misunderstandings happen after relationships sour or expectations change. We examine texts, emails, and any communication that might show the owner originally agreed to let you use the property. Showing that consent existed at any point can introduce doubt and possibly lead to dropped or reduced charges.
Unlawful Search and Seizure
Evidence collected through illegal searches can’t be used in court. Police must follow specific procedures when conducting searches, especially in cases involving a home, vehicle, or digital device. If they didn’t have a warrant or probable cause, any items or records they took may be inadmissible.
Entrapment
Entrapment refers to situations where law enforcement officers persuade someone to commit a crime they likely would not have committed on their own. While this is less common, it does happen, especially in sting operations related to cybercrime, fraud, or extortion. Police may use tactics that cross legal lines, particularly when they apply pressure or manipulate someone’s actions. If you were encouraged or baited into deciding false pretenses, we gather evidence of that conduct and argue for a full dismissal.
Why Choose Michael J. Borrelli As Your Theft Lawyer
The legal system can feel cold, but our approach feels different for our clients. Michael J. Borrelli listens to clients, breaks down what they’re facing, and gives straight answers without scare tactics or judgment. Some more reasons to call our offices in Westchester County when you're charged with larceny include:
30 Years Practicing Criminal Law
Michael J. Borelli has fought criminal cases throughout Westchester County courtrooms for three decades. His daily immersion in criminal law gives clients an edge few attorneys can match. When you sit across from him, you'll immediately notice how he draws on thousands of similar cases to spot the unique angles in yours. This practical knowledge translates directly to your defense — he anticipates prosecution tactics, knows which judges respond to which arguments, and leverages relationships built over thirty years to navigate your case effectively through a complicated system.
Proven Track Record
With over 40 felony trials tried and nearly all won, our office stands out for results. Michael J. Borelli has consistently delivered favorable results for clients facing serious criminal charges. This experience gives us invaluable insight into how prosecutors approach theft cases and how judges typically rule on various defense strategies.
Experienced in Working With Police Departments
When you’re facing a criminal charge, knowing how law enforcement gathers evidence can help identify mistakes in the process. Michael Borrelli has worked closely with police departments for decades, which helps uncover flaws that might lead to reduced or dropped charges.
Find Out Your Best Defense Options: Contact Westchester County Larceny Defense Lawyer Michael J. Borrelli
If you or a loved one is facing theft charges in Westchester County, NY, the success of your defense case can depend on the attorney you have going forward. For exceptional defense representation in misdemeanor and felony larceny cases, you need Westchester Criminal Defense Lawyer Michael J. Borrelli.
Contact us for a FREE, confidential consultation. We offer consultations 24/7.
With experience as an Assistant District Attorney in Westchester County, NY, Attorney Borrelli has deep expertise in New York criminal law and lasting relationships with the local courts and police. Beyond his professional excellence and credentials, Attorney Borrelli is tirelessly committed to helping people just like you. He offers personalized service, helpful advice, and clear answers, so you are never confused, anxious, or under pressure when it’s time to go to court. That can ease your mind and instill confidence that you have the defense you need and deserve—and that you have optimal chances of fair, favorable, and efficient resolutions.
Frequently Asked Questions
What is the difference between theft and burglary?
Theft involves taking someone's property without permission, while burglary specifically involves unlawfully entering a building with the intent to commit a crime inside. You can commit theft without burglary, but burglary often includes theft intentions. Each charge carries different penalties and requires different defense strategies.
Will I go to jail for shoplifting?
Jail time possibilities depend on several factors, including the value of items allegedly taken, your criminal history, and the specific circumstances of the incident. First-time offenders with low-value items might qualify for diversion programs, probation, or community service instead of jail.
Can a theft charge be expunged from my criminal record?
In some cases, yes. New York law allows for certain offenses to be sealed or expunged under specific circumstances, particularly for first-time offenders who complete all court requirements. The process involves waiting periods and specific legal procedures. If applicable, our team can evaluate your eligibility and guide you through the expungement process.
Should I talk to the police if I'm innocent?
Generally, no. Even innocent people can inadvertently say things that police misinterpret or that prosecutors later use against them. We strongly recommend contacting our staff at The Law Offices of Michael J. Borelli P.L.L.C. before speaking with law enforcement, regardless of your guilt or innocence. This protects your rights and prevents potential misunderstandings.
How long does a larceny case take?
Case timelines vary significantly based on charge severity, court backlog, complexity of evidence, and whether the case goes to trial. Minor shoplifting cases might be resolved in a few months, while serious felony theft or fraud cases could take a year or longer. Our team works efficiently while still giving your case the thorough attention it deserves.
Do I need a lawyer for a first-time theft offense?
Yes, absolutely. Even first-time offenses can result in jail time, significant fines, probation, and a permanent criminal record that affects employment, housing, and educational opportunities. Being a skilled theft lawyer, Michael J. Borelli can often negotiate diversion programs, reduced charges, or alternative sentences that minimize these consequences.
What if the stolen item was returned? Will I still be charged?
Unfortunately, returning items doesn't automatically dismiss charges. The crime of theft technically occurs at the moment of taking with intent to deprive the owner. However, returning items can sometimes help with negotiations and potentially lead to reduced charges or penalties. Our team leverages such mitigating factors when building your defense.
Can a minor be charged with larceny or theft?
Yes, though juvenile cases typically proceed through family court rather than criminal court. This system focuses more on rehabilitation than punishment. However, serious cases involving older teens might sometimes be tried in adult court.
How Can I Prepare for My Consultation with a Larceny Lawyer?
Preparing for your consultation with a larceny lawyer involves gathering all relevant documents, including any paperwork related to your case, and jotting down important details of the incident. It's also helpful to prepare a list of questions you have about your case and the legal process. By being well-prepared, you can ensure a productive consultation and enable us to provide the most effective legal advice and representation for your case.
How Can I Get in Touch with a Westchester Larceny Defense Attorney?
If you are facing larceny charges and need legal assistance, don't hesitate to reach out to us. Our experienced Westchester larceny defense attorneys are ready to provide you with a personalized legal strategy and dedicated support. Feel free to contact us for a consultation and to discuss your legal options.
Additional Information for Westchester, NY Residents
- New York State Division of Criminal Justice Services - Larceny Overview: An official state resource providing an overview of larceny laws and regulations in New York, useful for understanding the legal context of larceny charges.
- New York Courts - Larceny Information: A comprehensive resource from the New York State Unified Court System, offering detailed information about larceny cases and legal proceedings in New York.
- National Association of Criminal Defense Lawyers (NACDL) - Resource Center: A resource center providing various materials and tools for criminal defense, including topics related to larceny defense strategies.
Get a 24/7, free consultation from an experienced New York Law Specialist today!