Theft Lawyer in New York City
As a theft lawyer, I defend clients accused of crimes that involve stealing, such as shoplifting, petty larceny, grand larceny, burglary, robbery, criminal possession of stolen property, forgery and fraud.
If you have been accused of theft, one defense strategy might involve establishing your innocence to obtain an acquittal. Misidentification and lack of intent are factors that could be raised at your trial.
Frequently, though, defending a person accused of theft requires defense counsel to establish "mitigation". Mitigation comes into play during plea negotiation and sentencing. It involves providing reasons why the Court and the District Attorney should exercise lenience or mercy.
Depending on the case, the exercise of mercy could result in outright dismissal; an "ACD" (adjournment in contemplation of dismissal); a "youthful offender adjudication" resulting in no criminal conviction; a reduced plea to a non-criminal offense; a reduced plea from a felony to a misdemeanor; a reduced plea from a felony to a less-serious felony; a sentence of probation rather than jail; or a sentence to less jail than originally offered.
Establishing mitigation requires defense counsel to delve deeply into the facts of the case and, sometimes more importantly, into the client's background.
People steal for reasons other than outright greed. The most obvious example would be a mother who steals food to feed her hungry children. However, more subtle causes are usually at work. People steal for economically understandable reasons that are more apparent than upon first inspection: these clients' stories need to be proved and explained by defense counsel.
For example, some people steal as the result of mental disorders such as kleptomania. Teenagers sometimes steal due to peer pressure. Some people steal to feed their drug addictions. Others steal because they have no other way to financially support themselves.
If a shoplifting attorney can connect a client with opportunities that reduce the likelihood of future theft – education, vocational training, social services, drug treatment, mental health treatment – a more favorable disposition will often follow. To get that better disposition, counsel must persuasively explain: a) the dynamic that caused the client to steal; and b) the anticipated impact of rehabilitation.
Additionally, if a client can "make restitution" (pay back the victim) a better disposition will often follow.
Call me today at 646-360-0290 for your FREE consultation with a theft lawyer.
* Theft Offenses
