Reducing the Sentence in a New York Theft Case
There are many potential ways to attack a theft case in New York. If the case is strong, there is a greater likelihood that a person can pay restitution, and a better chance that the sentence can be reduced from a felony and any potential incarceration.
The time it takes an individual to pay is relevant also. Will an alleged victim have to wait for five years while probation monitors their payment, or can they pay the money in one lump sum? To determine some of the many elements necessary to reduce sentencing in your New York City theft case, it is critical that you consult with an experienced lawyer immediately.Lessening the Sentence
Whether the prosecution can corroborate and confirm that the amount that the alleged victim is claiming was stolen is accurate, an attorney will be able to shed doubt on the situation. A lawyer can help prove that any potential transactions were legitimate, and that no embezzlement had occurred.
A lawyer can identify whether the amount in question is less than what the District Attorney claims in any larceny case, or allege that all the items that were claimed to have been stolen were never taken. Further they can attest to the fact that the money used in such a case was used legitimately. With this information, the attorney can argue that no theft occurred at all, and help in reducing the sentencing associated with an individual’s theft charge.
Further, if an individual thought they were entitled to a property, a lawyer can challenge that entitlement and reduce any potential trespassing or other embezzlement crime. An attorney can argue that the property was used in good faith.
An experienced attorney will want to challenge the crime, the prosecution’s assumptions and evidence, arrests and statements, and any outstanding search warrants. An individual’s New York theft sentence can be reduced if this is done correctly.
Any time a lawyer can challenge such elements, an individual can possibly bring a felony charge down to a misdemeanor, eliminate jail time, and reduce an individual’s New York theft sentence altogether.Avoiding the Charge
An individual may be able to avoid a misdemeanor altogether, or receive probation instead of jail time. This all depends on the specifics of the case, and how far someone can deviate from the charge.
Therefore, it is critical for a client to be communicative with their attorney so they can have the tools necessary to secure favorable evidence and attack the prosecution’s claims.Being Open with an Attorney
With these types of crimes, a person must be open with their attorney. A lawyer will guide an individual through every step of the process, but they must also provide any information necessary to help their case.
A lawyer must be able to put in the prosecution’s mind that either the theft itself did not happen, or the dollar amount or the value of the property is inaccurate. An experienced attorney will do the heavy lifting, navigate their client through the process, identify their best defense, but they need to know where to find that information.
To best reduce the sentencing of your New York theft charge, it is critical to consult with a lawyer to help minimize any potential consequences you may be facing.