What Are the Consequences of Petty Larceny in New York?
- State: NY #17657
I was arrested for taking a Golf hat at Bristol Harbor Golf Course in the town of South Bristol, Canandaigua, NY this past weekend. Petty Larsen is my charge.I have never been arrested. This was a stupid act on my part. I admitted this to the arresting officer. I'm scheduled to appear in court on 20 Aug 09. I have been finger printed and processed for court on 20 Aug 09.My question is: Should I get a Lawyer. Do I have to appear in person? I have already admitted my quilt.What is my punishment?Please advise!!thanks...
In the state of New York, petit larceny is classified as a Class A Misdemeanor, which is subject to up to one year in jail, along with the assessments of fines, restitution and court costs. Please see the information at the following link for further discussion:
The following are NY statutes:
§ 155.05 Penal. Larceny; defined.
1. A person steals property and commits larceny when, with intent to
deprive another of property or to appropriate the same to himself or to a
third person, he wrongfully takes, obtains or withholds such property from
an owner thereof.
2. Larceny includes a wrongful taking, obtaining or withholding of
another's property, with the intent prescribed in subdivision one of this
section, committed in any of the following ways:
(a) By conduct heretofore defined or known as common law larceny by
trespassory taking, common law larceny by trick, embezzlement, or obtaining
property by false pretenses;
(b) By acquiring lost property. A person acquires lost property when he
exercises control over property of another which he knows to have been
lost or mislaid, or to have been delivered under a mistake as to the
identity of the recipient or the nature or amount of the property,
without taking reasonable measures to return such property to the owner;
(c) By committing the crime of issuing a bad check, as defined in
(d) By false promise. A person obtains property by false promise when,
pursuant to a scheme to defraud, he obtains property of another by means
of a representation, express or implied, that he or a third person will
in the future engage in particular conduct, and when he does not intend
to engage in such conduct or, as the case may be, does not believe that
the third person intends to engage in such conduct.
In any prosecution for larceny based upon a false promise, the
defendant's intention or belief that the promise would not be performed may
not be established by or inferred from the fact alone that such promise was
not performed. Such a finding may be based only upon evidence establishing
that the facts and circumstances of the case are wholly consistent with
guilty intent or belief and wholly inconsistent with innocent intent or
belief, and excluding to a moral certainty every hypothesis except that of
the defendant's intention or belief that the promise would not be
(e) By extortion. A person obtains property by extortion when he
compels or induces another person to deliver such property to himself or
to a third person by means of instilling in him a fear that, if the
property is not so delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv) Accuse some person of a crime or cause criminal charges to be
instituted against him; or
(v) Expose a secret or publicize an asserted fact, whether true or false,
tending to subject some person to hatred, contempt or ridicule; or
(vi) Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not be
deemed extortion when the property is demanded or received for the benefit
of the group in whose interest the actor purports to act; or
(vii) Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(viii) Use or abuse his position as a public servant by performing some
act within or related to his official duties, or by failing or refusing to
perform an official duty, in such manner as to affect some person
(ix) Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to his health, safety, business, calling, career, financial
condition, reputation or personal relationships.
§ 155.25 Penal. Petit larceny.
A person is guilty of petit larceny when he steals property.
Petit larceny is a class A misdemeanor.
Please see the information at the following links:
07/20/2009 - Category: Criminal - State: NY #17657
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