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What is larceny by false promise under New York law?

| Jan 16, 2015 | Larceny & Theft |

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

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