A Theft Crime Conviction Can Ruin Your Life

At the Louis C. Mussari Law Firm, we understand that facing charges related to Theft, Burglary, and Property Crime can be a life-altering experience. Our in-depth knowledge of the statutes governing these offenses allows us to craft a defense strategy that is not only robust but also tailored to your unique situation. We are committed to leveraging our expertise to minimize your legal risks and help you navigate the complexities of the legal system.

• Burglary and Related Offenses: Covered under sections 140.00 to 140.40 of the New York Penal Law.
• Larceny: Covered under sections 155.00 to 155.45 of the New York Penal Law.
• Other Offenses Relating to Theft: Covered under sections 165.00 to 165.74 of the New York Penal Law.

Note: Statutes and legal strategies may vary pending an in-depth review of your specific case.

• Burglary in the 3rd Degree: 1 to 3 years minimum, 2.3 to 7 years maximum in jail.
• Burglary in the 2nd Degree: 3.5 years minimum, 15 years maximum in jail.
• Burglary in the 1st Degree: 5 years minimum, 25 years maximum in prison.
• Possession of Burglar’s Tools: Up to one year in jail.

• Fifth-Degree Theft: Up to a year in jail, along with community service, probation, and fines.
• Fourth-Degree Theft: 1.3 to 4 years in prison, along with community service, fines, and probation.
• Third-Degree Theft: 2.3 to 7 years in prison, along with probation, community service, and fines.
• Second-Degree Theft: 5 to 15 years in prison.
• First-Degree Theft: 1 to 3 years minimum, 8.3 to 25 years maximum in prison.

For Theft Charges:

1. Lack of Intent: Arguing that the defendant did not intend to permanently deprive the owner of the property.
2. Claim of Right: Asserting that the defendant believed they had a legal right to the property.
3. Entrapment: Claiming that law enforcement induced the defendant to commit the crime.
4. Insufficient Evidence: Challenging the quality or quantity of evidence presented by the prosecution.
5. Mistaken Identity: Arguing that the defendant was not the individual who committed the theft.

For Burglary Charges:

1. Lack of Intent to Commit a Crime: Demonstrating that the defendant did not enter the property with the intent to commit a felony or theft.
2. Consent to Enter: Arguing that the defendant had permission to enter the property.
3. Abandonment: Claiming that the property was abandoned, and therefore, no burglary could occur.
4. Duress: Asserting that the defendant was forced to commit the burglary under threat of immediate harm.
5. Alibi: Providing evidence that the defendant was elsewhere when the burglary occurred.