As a trusted criminal defense attorney, I understand the importance of arming my clients with knowledge about the law. Today, I’d like to shed light on an often misunderstood area of criminal law: larceny. Specifically, I’ll break down the different forms of larceny defined under New York’s Penal Law § 155.05(2). Understanding the nuances of these forms can provide insight into the charges you or a loved one might be facing and help prepare you for the legal journey ahead.
1. LARCENY BY TRESPASSORY TAKING
Imagine you’re walking in a crowded market, and suddenly, your wallet vanishes from your pocket. This scenario can be classified as “larceny by trespassory taking”. This form of larceny involves a perpetrator wrongfully taking someone’s property without consent, intending to control it in a way entirely inconsistent with the owner’s rights.
2. LARCENY BY TRICK
This form of larceny can be best understood by picturing a swindler who uses deceit or trickery to obtain property from an unsuspecting victim. However, the swindler doesn’t take the title, just the possession, with an intention to keep it. For instance, a scammer convinces you to lend them your car for a day, but they never return it – that’s “larceny by trick”.
3. LARCENY BY FALSE PRETENSES
“Larceny by false pretenses” involves a perpetrator defrauding a victim into parting with both possession and title of their property. This act involves the deliberate use of a false statement about a past or current fact. For instance, a fraudster convinces you to sell them your antique clock, falsely claiming they are from a reputable antique dealership and offering a promise of payment that never materializes.
4. LARCENY BY FALSE PROMISE
A modern addition to the penal code is “larceny by false promise”. This crime occurs when someone makes a promise, as part of a fraudulent scheme, while harboring an intention not to fulfill it. It’s like a shady contractor who promises to build a house for you, takes your money upfront, but never had the intention of starting the project.
5. LARCENY BY EMBEZZLEMENT
Finally, we have “larceny by embezzlement”, which can occur when an individual entrusted with someone else’s property or money uses it in a way that is inconsistent with the owner’s rights. An example of this would be a financial advisor who takes funds from a client’s account for personal use without consent.
Each of these larceny forms represents distinct methods of theft and carries unique elements that prosecutors must prove for a conviction. As a criminal defense attorney, I’m dedicated to making sure you understand the charges against you and formulating a defense strategy that offers you the best possible outcome.
Please remember, the information provided here is intended for general knowledge and might have changed or been interpreted differently after my last update in May 2023. Always consult with a legal professional or trusted source for the most current legal information. If you or a loved one are charged with any larceny offense under New York Penal Law 155, contact our law office today at 631.724.5251 to discuss your case.