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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21363
Experience:  Handle criminal matters in both state and federal courts.
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Which punishment is most likely for being found guilty of accomplice

Customer Question

Which punishment is most likely for being found guilty of accomplice to theft in New York State of a value below 100 dollars and most likely below 50 dollars, if the person has no criminal record? And would it be likely to take the person into custody if he is a European citizen, while processing the case?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

This would be what is called "petit larceny" And is a class A misdemeanor

Samuel-II :

It carries a possible penalty of up to 1 year in jail. However,

Samuel-II :

with a first time offender probabtion is possible

Samuel-II :

On a misdemeanor of this nature, generally, a summons is issued for a court date. There is no arrest

Samuel-II :

And such a crime even if convicted is generally not cause for an immigration or deportation hearing

Samuel-II :
Customer:

Ok thanks. So probation means no prison time? And no arrest even if the person is a European citizen?

Samuel-II :

Correct and correct

Samuel-II :

But if they get a summons to court, they must go on that date

Customer:

Just to be completely sure that I understand?

Samuel-II :

If they fail to appear in Court as directed by the Summons, then a Bench warrant will be issued for the arrest

Samuel-II :

So they have to appear at the court date as directed on a summons

Samuel-II :
Customer:

Ok thanks. And it would be possible to leave the country in the mean time, as long as the person is back in court as summen?

Samuel-II :

Yes. If they are not under a Bond

Samuel-II :

And if they get a summons for court, and there is no bond, then they are free to travel.

Samuel-II :

As long as they make all court appearances.

Customer:

Ok. And it is unlikely that a bond is issued in such a case?

Samuel-II :

Correct.

Samuel-II :

When did this happen?

Customer:

Great. Thanks very much for your time. more than 3 years ago

Samuel-II :

Oh. And there has been no court date?

Customer:

No, and I dont know if anyone found out

Customer:

So probably no one did.

Samuel-II :

Is there a summons now? Or are you just concerned that there may be charges?

Samuel-II :

Got ya

Samuel-II :

Right

Samuel-II :

Because

Samuel-II :

The statute of limitations to bring such charges is 1 year

Samuel-II :

So no charges can be brought now anyway

Customer:

I see. Thats great :-)

Customer:

Thnaks very much for you good answers

Samuel-II :

Yea. Good news. In the clear, if seems

Customer:

Yep. Have a good day

Expert:  Samuel II replied 2 years ago.
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Expert:  Samuel II replied 2 years ago.
Hi

We can continue here. If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer by clicking either the GREEN ACCEPT or the SMILEY FACE as that is the only way I get credit for my time and information. Thank you
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21363
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Samuel,


 


Is statute of limitations to bring charges for theft all 1 year?

Expert:  Samuel II replied 1 year ago.
Hi

I apologize for the 1 year statment

For a Class A Misdemeanor in NY the Statute of Limitations is 2 years.

Art. 12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
Customer: replied 1 year ago.

Thanks. And there is no exceptions?

Expert:  Samuel II replied 1 year ago.
Hi

That would be correct. No exceptions. There are longer statute of limitations for felonies wherein the theft may be of greater value then what you state here

Customer: replied 1 year ago.

Ok. How high should a value be in order for it to be considered a felony?

Expert:  Samuel II replied 1 year ago.
H

Grand Larceny falls in the following degrees

4th - anything over $1000 not more than $3000 A Class E Felony

3rd - exceeds $3000 Not more than $50,000 A Class D Felony

2nd exceeds $50,000 A Class C Felony



Customer: replied 1 year ago.

Thanks, XXXXX XXXXX long is the statute of limitations in a 4th?

Expert:  Samuel II replied 1 year ago.
Hi

The SOL is 5 years for all felonies but the Class A - which would be a murder and that has No SOL


Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Customer: replied 1 year ago.

Which punishment is most likely for being found guilty of accomplice to theft in regards XXXXX XXXXX Larceny 4th? if the person has no criminal record?

Expert:  Samuel II replied 1 year ago.
Hi

There are no accomplice laws in this regard. The person would be charged with the Class E felony the same as the other.

However, they might be given some consideration for less of a penalty for no priors and also if they helped the state by giving solid information that would lead to conviction of the other person

The sentence for a Class E is a possible 2 to 5 years in jail

Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21363
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi again Samuel,


 


So to summarize: everything below a value of 1000 dollars is considered a petit larceny/class A misdemeanor and has a possible penalty of up to 1 year in jail - however with a first time offender probabtion is possible. In NY the Statute of Limitations is 2 years - without any exceptions?


 


Thanks

Expert:  Samuel II replied 1 year ago.
Hi


Yes, that is correct.
Customer: replied 1 year ago.

Ok. And stealing a small sign attached to a tree would fall under this category? Provided a value below 1000 dollars.

Expert:  Samuel II replied 1 year ago.
Hi

Yes. I would imagine it would be under $1000 unless it was made with some sort of imported expensive materials

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