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Staten Island Theft Lawyer

If you have been charged with theft of any kind, it is essential that you call on an experienced and vigorous Staten Island theft attorney.

I am Kurt Richards of Kurt T. Richards, P.C., and I have more than 25 years of experience defending individuals who have been charged with theft. I provide my clients with authentic, strong criminal defense for a variety of theft charges. These charges are complex and I take a detailed approach to each case as I work to defend my clients' rights.

Theft Charges Are Complex, Consult a Professional

The definition of theft is far reaching and charges often overlap. In many cases, those facing theft allegations are facing multiple charges. These charges include, but are not limited to:

  • Robbery
  • Burglary
  • Shoplifting
  • Embezzlement
  • Credit card fraud. forgery
  • Mail and wire fraud

Timing is key. Before you make any hasty decisions, it is important that you select an experienced New York attorney who you can trust.

SELECTED NEW YORK PENAL LAW SECTIONS

Robbery

§ 160.00 Robbery; defined

Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:

  1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
  2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

§ 160.15 Robbery in the first degree

A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

  1. Causes serious physical injury to any person who is not a participant in the crime; or
  2. Is armed with a deadly weapon; or
  3. Uses or threatens the immediate use of a dangerous instrument; or
  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.

Robbery in the first degree is a class B felony.

§ 160.10 Robbery in the second degree

A person is guilty of robbery in the second degree when he forcibly steals property and when:

  1. He is aided by another person actually present; or
  2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:
    (a) Causes physical injury to any person who is not a participant in the crime; or
    (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
  3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

Robbery in the second degree is a class C felony. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation. 

Larceny

§ 155.25 Petit larceny

A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor.

§ 155.42 Grand larceny in the first degree

A person is guilty of grand larceny in the first degree when he steals property and when the value of the property exceeds one million dollars. Grand larceny in the first degree is a class B felony.

§ 155.40 Grand larceny in the second degree

A person is guilty of grand larceny in the second degree when he steals property and when:

  1. The value of the property exceeds fifty thousand dollars; or
  2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his position as a public servant by engaging in conduct 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 adversely.

Grand larceny in the second degree is a class C felony.To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

§ 155.35 Grand larceny in the third degree

A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars.
Grand larceny in the third degree is a class D felony.

§ 155.30 Grand Larceny in the fourth degree

A person is guilty of grand larceny in the fourth degree when he steals property and when:

  1. The value of the property exceeds one thousand dollars; or
  2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or
  3. The property consists of secret scientific material; or
  4. The property consists of a credit card or debit card; or
  5. The property, regardless of its nature and value, is taken from the person of another; or
  6. The property, regardless of its nature and value, is obtained by extortion; or
  7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or
  8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
  9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
  10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.
  11. The property consists of anhydrous ammonia or liquefied ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquefied ammonia gas to manufacture methamphetamine.

Grand larceny in the fourth degree is a class E felonyTo learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation..

Burglary

§ 140.20 Burglary in the third degree

A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Burglary in the third degree is a class D felony.

§ 140.25 Burglary in the second degree

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:

  1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
    • Is armed with explosives or a deadly weapon; or
    • Causes physical injury to any person who is not a participant in the crime; or
    • Uses or threatens the immediate use of a dangerous instrument; or
    • Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
  2. The building is a dwelling.

Burglary in the second degree is a class C felony.

§ 140.30 Burglary in the first degree

A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

  1. Is armed with explosives or a deadly weapon; or
  2. Causes physical injury to any person who is not a participant in the crime; or
  3. Uses or threatens the immediate use of a dangerous instrument; or
  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.

Burglary in the first degree is a class B felony

Credit Fraud

§ 185.15 Fraudulent disposition of property subject to a conditional sale contract

A person is guilty of fraudulent disposition of property subject to a conditional sale contract when, prior to the performance of the condition of a conditional sale contract and being the buyer or any legal successor in interest of the buyer, he sells, assigns, mortgages, exchanges, secretes, injures, destroys or otherwise disposes of the goods subject to the conditional sale contract under claim of full ownership, with intent thereby to defraud another. Fraudulent disposition of property subject to a conditional sale contract is a class A misdemeanor.To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

§ 185.10 Fraudulent disposition of mortgaged property

A person is guilty of fraudulent disposition of mortgaged property when, having theretofore executed a mortgage of real or personal property or any instrument intended to operate as such, he sells, assigns, exchanges, secretes, injures, destroys or otherwise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee or a purchaser thereof. Fraudulent disposition of mortgaged property is a class A misdemeanor.

§ 185.05 Fraud involving a security interest

A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property securing a monetary obligation owed to a secured party, and:

  1. Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he sells or otherwise disposes of the property and wrongfully fails to account to the secured party for the proceeds of disposition; or
  2. Having under the security agreement no right of sale or other disposition of the property, he knowingly secretes, withholds or disposes of such property in violation of the security agreement.

Fraud involving a security interest is a class A misdemeanor.

§ 185.00 Fraud in insolvency

  1. As used in this section, "administrator" means an assignee or trustee for the benefit of creditors, a liquidator, a receiver or any other person entitled to administer property for the benefit of creditors.
  2. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that proceedings have been or are about to be instituted for the appointment of an administrator, or knowing that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he
  •  
    • conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or
    • obtains any substantial part of or interest in the debtor's estate; or
    • presents to any creditor or to the administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement; or
    • misrepresents or fails or refuses to disclose to the administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which he is legally required to furnish to such administrator. Fraud in insolvency in a class A misdemeanor.
    • Isurance Fraud

      § 176.30 Insurance fraud in the first degree

      A person is guilty of insurance fraud in the first degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one million dollars.
      Insurance fraud in the first degree is a class B felony.

      § 176.25 Insurance fraud in the second degree

      A person is guilty of insurance fraud in the second degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of fifty thousand dollars.
      Insurance fraud in the second degree is a class C felony.

      § 176.20 Insurance fraud in the third degree

      A person is guilty of insurance fraud in the third degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of three thousand dollars.
      Insurance fraud in the third degree is a class D felony

      § 176.15 Insurance fraud in the fourth degree

      A person is guilty of insurance fraud in the fourth degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one thousand dollars.
      Insurance fraud in the fourth degree is a class E felony.

      § 176.10 Insurance fraud in the fifth degree

      A person is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act. Insurance fraud in the fifth degree is a class A misdemeanorTo learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation..

      Mortgage Fraud

      NY Penal Law § 187.00(4): "Residential mortgage fraud" is committed by a person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be used in soliciting an applicant for, applying for, underwriting or closing a residential mortgage loan, or filing with a county clerk of any county in the state arising out of and related to the closing of a residential mortgage loan, any written statement which:
      (a) contains materially false information concerning any fact material thereto; or
      (b) conceals, for the purpose of misleading, information concerning any fact material thereto.

      § 187.25 Residential mortgage fraud in the first degree

      A person is guilty of residential mortgage fraud in the first degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of one million dollars. Residential mortgage fraud in the first degree is a class B felony.

      § 187.20 Residential mortgage fraud in the second degree

      A person is guilty of residential mortgage fraud in the second degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of fifty thousand dollars. Residential mortgage fraud in the second degree is a class C felony.

      § 187.15 Residential mortgage fraud in the third degree

      A person is guilty of residential mortgage fraud in the third degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of three thousand dollars. Residential mortgage fraud in the third degree is a class D felony.

      § 187.10 Residential mortgage fraud in the fourth degree

      A person is guilty of residential mortgage fraud in the fourth degree when he or she commits residential mortgage fraud and thereby receives proceeds or any other funds in the aggregate in excess of one thousand dollars. Residential mortgage fraud in the fourth degree is a class E felony.To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

      Forgery

      § 170.05 Forgery in the third degree

      A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument. Forgery in the third degree is a class A misdemeanor.

      § 170.10 Forgery in the second degree

      A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

      1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
      2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or
      3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or
      4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
      5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

      Forgery in the second degree is a class D felony.

      § 170.15 Forgery in the first degree

      A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

      1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or
      2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.

      Forgery in the first degree is a class C felony

For a Free Initial Consultation With an Experienced Staten Island Robbery Lawyer, Call Today

To learn more about how I can help protect your rights, call my office at 718-720-1000 or complete an online contact form for a free initial consultation.

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Kurt T. Richards, P.C.
1200 South Avenue, Suite 201
Staten Island, NY 10314
Phone: 718-720-1000
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