Braunfotel & Frendel LLC
Call Now for a FREE Consultation
888-787-5668 (Toll Free) 845-521-7835 (Local)
Se Habla Español · Nou Parle Creolé

What is larceny by false promise under New York law?

There are several forms of larceny in New York, all of which carry legal penalties if a person is convicted on a charge. One such form is larceny by false promise.

There are several elements of larceny by false promise. The first element is a plan to defraud another person. Second, the alleged perpetrator must obtain the property at issue by expressly or implicitly representing that either he or another person will perform a certain act. Third, it must be shown that the defendant had no intention to complete the aforementioned act or have a third person do so.

Additionally, when it comes to prosecuting a charge of larceny by false promise, the defendant's intent cannot be proven solely by demonstrating that the act was not performed. Intent can only be proven based of facts that are wholly consistent with an intention of guilt and inconsistent with an intention of innocence.

Larceny by false promise is only one form of larceny; there are many others in New York State. In general, though, all larceny charges involve the unlawful taking of the property of another with the intent to deprive that person of the property. Being convicted of larceny can have serious consequences, which is why it is so important to wage a strong defense.

Those accused of theft crimes do have options at their disposal. There are defenses that can be waged against such allegations. Evidence can be challenged and witnesses can be presented on the accused's behalf. The accused always has the right to tell their side of the story in court. With the right help, a criminal defense strategy can be deployed that can greatly increase the chances of a "not guilty" verdict, reduced charges or dismissed charges.

Source: Laws of New York, Penal, "§155.05 Larceny; defined," Accessed Jan. 11, 2015

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Braunfotel & Frendel LLC
49 Maple Avenue
New City, New York 10956

Toll Free: 888-787-5668
Phone: 845-521-7835
Fax: 845-634-7710
Map & Directions

Braunfotel & Frendel LLC