Friday, June 25, 2021

What Is The Difference Between Petit And Grand Larceny In New York?

The theft-related crimes defined by New York State law as “Larceny” can be difficult to navigate. Here are several things you should know when it comes to theft charges. Larceny crimes are classified as Petit or Grand. If convicted of either Petit or Grand Larceny, the penalties in NY are severe. This is why it is crucial to bring your case to an experienced larceny attorney. Call Jason Bassett for a free consultation today.

What Is A Larceny Offense Under New York State Law?

New York Penal Law defines Larceny as an allegation of depriving someone of property. The law says that personal property is anything valuable. Therefore, while “property” often means money or possessions it can also include personal data. Such a broad definition of property makes interpreting Larceny a bit tricky.

The context of “depriving” is also wide and can mean not only taking but also disposing of property. Therefore one can be charged with Larceny even if they do not keep the alleged goods.

To be charged with Larceny one does not necessarily have to directly steal something from someone else. Penal Law article 155.05 defines embezzlement, gaining property through fraudulent schemes, or even keeping possession of the lost belongings as theft.

To gain more clarity on this matter contact highly regarded criminal defense lawyer Jason Bassett.

How Is Petit Larceny Defined In New York?

The first and the easiest type of Larceny is Petit (petty) Larceny. This is a Class A misdemeanor with a punishment of up to a year in jail for a property theft where value is estimated below $1,000.

Petit Larceny is one of the simplest theft charges. Still, do not take this type of larceny lightly, and do not hesitate to reach out to us in case you have any questions.

What Is Grand Larceny In NY?

Grand Larceny is a more serious theft type. It can be punished with up to twenty-five years in prison and solid fines. Grand Larceny has four degrees which vary greatly based on the value and the type of the stolen property.

Four years in prison is a maximum term for a Grand Larceny in the Class “E” felony when the stolen property value raises above $1,000. It is the lowest class felony but still seen as a serious crime by NY law.
For the theft of the property valued above $3,000, one might face up to seven years in jail. This falls under Grand Larceny in the Class “D” felony.
Grand Larceny in the Class “C” felony is punishable with a fifteen-year prison term. One might face it when the stolen property value is over $50,000.
The maximum sentence of twenty-five years in prison is the punishment for the theft with a value above $1,000,000. This is a severe crime and falls under the Grand Larceny in the Class “B” felony.

Let us help you choose the best defense strategy if you’ve been arrested for a Petit or Grand Larceny. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett JasonB https://jbassettlaw.com/what-is-the-difference-between-petit-and-grand-larceny-in-new-york/ What Is The Difference Between Petit And Grand Larceny In New York?

source https://jbassettlaw.com/what-is-the-difference-between-petit-and-grand-larceny-in-new-york/

Thursday, June 17, 2021

What Is The Difference Between A DWAI, DWI, And A DUI?

Getting behind the wheel of a vehicle under the influence of alcohol, drugs (illegal or prescription), or a combination of these substances can have serious consequences in the state of New York. If you are arrested for operating a motor vehicle after having had too much to drink or after you took drugs, the specific criminal charges you will face depending largely on the level of intoxication. Most people don’t go out for the evening intending to drive under the influence, but sometimes “just one drink” leads to another, and then another … and then the next thing you know you’ve been pulled over by the police. Because one lapse in judgment can lead to an arrest with pretty severe consequences, it’s important to understand the differences between a “DWAI”, a “DWI”, and a “DUI” as well as to understand how a DWI lawyer can help.

Is A DWI And A DUI The Same Thing?

DWI is an abbreviation for “Driving While Intoxicated” while DUI is short for “Driving Under the Influence”. People often use these terms interchangeably, however, which term is used officially in the laws of a particular state varies across the country. In most states, a person is considered too intoxicated to legally drive if they have a blood alcohol level of at least .08 %. Some states use the term DWI for this criminal offense and others use DUI. In New York, we use DWI for a blood alcohol content of over .08 % while “DWAI” or Driving While Ability Impaired” usually refers to driving with a blood alcohol level of between .05 % and .07 %.

What Are The Potential Consequences Of Getting Charged With A DWI In New York?

The consequences for being convicted of violating the laws against driving under the influence of alcohol and drugs can include a suspended or revoked driver’s license, monetary fines, and even a potential jail sentence. The severity of the penalties depends on, amongst other things, the level of the charge and whether or not it is the first offense. Prior drunk driving offenses typically result in steeper possible penalties. For even a first time DWI offense in New York, depending on the circumstances, someone can face fines of between $500 and $1000, a revoked driver’s license for at least 6 months, 3 years of Probation, or up to a 12 months jail sentence.

What Are The Potential Consequences Of A DWAI?

As stated above, in New York a DWAI is short for “Driving While Ability Impaired.” The major differences between a DWAI and a DWI is that the blood alcohol level is more than .05 % but less than .07% or there is proof that the driver is impaired either by illegal or prescription drug use or a combination of both drugs and alcohol. As such, there are three different kinds of DWAIs and each kind has different potential consequences. A DWAI involving a B.A.C. between .05 and .07 can result in a fine between $300 and $500, a 90 day license suspension, and up to a 15 day jail sentence. A DWAI involving drugs and a DWAI for a combination of both drugs and alcohol can mean a $500 to $1000 fine, a revoked license for at least 6 months, and three years or Probation or even up to one years of jail.

Local Dwi Lawyer, Jason Bassett, Is Highly Experienced In Helping With Drunk Driving Violations In New York And Its Surrounding Counties.

Whether the DWI or the DWAI is a first offense or not, being charged and convicted can have consequences that negatively affect your life not only in the short term but for the rest of your life. You need an experienced attorney to provide top quality representation and to get you the best possible outcome. Call Jason Bassett today for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett JasonB https://jbassettlaw.com/what-is-the-difference-between-a-dwai-dwi-and-a-dui/ What Is The Difference Between A DWAI, DWI, And A DUI?

source https://jbassettlaw.com/what-is-the-difference-between-a-dwai-dwi-and-a-dui/

The Juvenile Justice Process in New York Family Court

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