Theft Defense Lawyer

Theft Defense Lawyer

At Trbovich Law Firm, we understand the serious nature of felony theft charges and their potential impact on your life. Our dedicated team of criminal defense attorneys is committed to providing robust legal representation for individuals facing these complex accusations. With years of experience in handling felony theft cases, we have the knowledge and skills necessary to navigate the intricacies of the legal system and work tirelessly to protect your rights. Contact us today for robust theft defense.

What Constitutes Felony Theft Charges in Buffalo?

In New York, felony theft charges are generally categorized under Grand Larceny when the value of the stolen property exceeds $1,000 or when specific property types are involved (e.g., vehicles, firearms, or items directly stolen from a person). Below are the various degrees of felony theft, including their corresponding New York Penal Law sections:

Felony Theft Charges:

Grand Larceny in the Fourth Degree (NY Penal Law § 155.30)

• Definition: Theft of property valued between $1,000 and $3,000, or specific property such as firearms, motor vehicles worth more than $100, credit cards, or secret scientific material.
• Class: E Felony
• Penalties: Up to 4 years in prison.

Grand Larceny in the Third Degree (NY Penal Law § 155.35)

• Definition: Theft of property valued between $3,000 and $50,000.
• Class: D Felony
• Penalties: Up to 7 years in prison.

Grand Larceny in the Second Degree (NY Penal Law § 155.40)

• Definition: Theft of property valued between $50,000 and $1,000,000, or if the theft involves extortion.
• Class: C Felony
• Penalties: Up to 15 years in prison.

Grand Larceny in the First Degree (NY Penal Law § 155.42)

• Definition: Theft of property valued over $1,000,000.
• Class: B Felony
• Penalties: Up to 25 years in prison.

Aggravated Grand Larceny of an Automated Teller Machine (NY Penal Law § 155.43)

• Definition: Theft of an ATM or theft of contents from an ATM after having been convicted of Grand Larceny in the Fourth Degree for stealing an ATM within the previous 5 years.
• Class: C Felony
• Penalties: Up to 15 years in prison.

Additional Factors That May Elevate Theft to a Felony:

• Theft involving extortion or coercion.
• Theft from the person (such as pickpocketing).
• Theft of certain items, like firearms or motor vehicles.

These felony theft charges carry much more severe penalties than misdemeanor theft (petit larceny) and can lead to significant prison time, large fines, and lasting consequences on a person's criminal record.

How a Felony Theft Defense Lawyer Can Help

At Trbovich Law Firm, our felony theft defense lawyers are dedicated to providing comprehensive legal support throughout every stage of your case. We understand the complexities of felony theft charges and work tirelessly to protect your rights and freedom.

Theft Case Evaluation and Strategy Development

We thoroughly review your case, including all evidence and police reports. Our team identifies potential weaknesses in the prosecution's case and develops a tailored defense strategy based on your specific circumstances. We then advise you on potential outcomes and the best course of action to take.

Protection of Your Constitutional Rights

Our attorneys ensure that law enforcement and prosecutors respect your rights throughout the legal process. We challenge any evidence obtained through unlawful searches or seizures and protect your right to remain silent. Our goal is to safeguard your constitutional rights at every turn.

Investigation and Evidence Gathering

We conduct an independent investigation into the allegations against you. This includes interviewing witnesses, gathering statements, and collecting physical evidence that may support your defense. When necessary, we consult with forensic experts to challenge the prosecution's evidence effectively.

Negotiation with Prosecutors

Our team engages in plea negotiations to potentially reduce charges or penalties. We advocate for alternative sentencing options and work to minimize the impact of the charges on your personal and professional life. Our negotiation skills are honed to achieve the best possible outcome for you.

Court Representation

We file necessary motions, present compelling arguments during pre-trial hearings, and effectively cross-examine prosecution witnesses. We deliver persuasive opening and closing statements if your case goes to trial. Our courtroom experience ensures strong representation throughout the legal process.

Theft Conviction Sentencing Advocacy

We argue for the most lenient sentence if conviction cannot be avoided. We present mitigating factors to the court and propose alternative sentencing options focusing on rehabilitation rather than punishment. Our goal is to minimize the consequences you face.

Post-Conviction Support

If applicable, we advise on appeal options and assist with expungement or record-sealing processes when possible. Our support extends beyond the initial trial to help you move forward with your life.

Emotional and Practical Support

We explain the legal process clearly and what to expect at each stage. Our team offers guidance on handling interactions with law enforcement and the court system. We're here to help manage the stress and uncertainty that often accompany criminal charges.

Damage Control After Felony Theft Charges 

We work to minimize the impact of the charges on your reputation. Our theft defense attorneys advise on handling potential employment or licensing issues resulting from the charges. We understand the broader implications of felony theft charges and strive to protect your future.

Common Defense Strategies in Felony Theft Cases

Every felony theft case is unique, and our attorneys at Trbovich Law Firm will develop a defense strategy specifically tailored to the circumstances of your situation. Some common defense approaches we may consider include:

• Lack of intent: Demonstrating that you did not intend to commit theft, perhaps due to a misunderstanding or mistake.
• Claim of right: Arguing that you had a good faith belief that you had a right to the property in question.
• Consent: Showing that the alleged victim gave you permission to take or use the property.
• Mistaken identity: Proving that you were misidentified as the perpetrator of the theft.
• Insufficient evidence: Challenging the prosecution's evidence as inadequate to prove guilt beyond a reasonable doubt.
• Violation of constitutional rights: Identifying any violations of your rights during the arrest or investigation process, which could lead to evidence being suppressed.
• Entrapment: Demonstrating that law enforcement induced you to commit a crime you would not have otherwise committed.
• Duress: Showing that you were forced to commit the theft under threat of harm.

Our felony theft defense attorneys will carefully evaluate your case to determine which strategies are most appropriate and likely to succeed.

The Importance of Early Intervention After a Theft Accusation 

If you've been accused of felony theft or believe you may be under investigation, it's crucial to seek legal representation as soon as possible. Early intervention by a skilled felony theft defense lawyer can make a significant difference in the outcome of your case. By getting involved early, we can:

• Protect your rights during police questioning
• Gather and preserve important evidence
• Intervene before formal charges are filed, potentially avoiding an arrest
• Begin building your defense strategy immediately
• Negotiate with prosecutors from a position of strength

Don't wait until you've been formally charged to seek legal help. Contact Trbovich Law Firm at the first sign of trouble to give yourself the best chance at a favorable outcome.

The Legal Process in Felony Theft Cases

Understanding the legal process can help alleviate some of the stress and uncertainty associated with felony theft charges. While every case is unique, the general steps in a felony theft case often include:

• Arrest and booking
• Initial appearance and bail hearing
• Preliminary hearing or grand jury indictment
• Arraignment
• Pre-trial motions and hearings
• Plea bargaining (if applicable)
• Trial
• Sentencing (if convicted)

Throughout this process, your felony theft defense attorney from Trbovich Law Firm will be by your side, explaining each step, advising you of your options, and advocating for your best interests.

Potential Consequences of Felony Theft Convictions

The penalties for felony theft convictions can vary widely depending on factors such as:

• The value of the stolen property
• Your prior criminal history
• The specific circumstances of the offense
• State laws and sentencing guidelines

In general, felony theft convictions can result in:

• Prison sentences ranging from one year to several decades
• Fines that can reach tens or hundreds of thousands of dollars
• Mandatory restitution to the victim
• Probation or parole
• Community service
• Loss of professional licenses
• Restrictions on firearm ownership
• Difficulty obtaining loans or credit

Given these severe potential consequences, it's essential to have a knowledgeable felony theft defense lawyer fighting to protect your rights and freedom.

Why Choose Trbovich Law Firm for Your Felony Theft Defense

When facing felony theft charges, you need a legal team with the experience, dedication, and skills to mount an effective defense. At Trbovich Law Firm, we offer:

• Extensive experience: Our theft defense attorneys have successfully defended numerous clients against felony theft charges, giving us invaluable insights into effective defense strategies.
• Personalized attention: We understand that every case is unique, and we take the time to listen to your story and understand your specific circumstances.
• Aggressive advocacy: Whether in negotiations or in the courtroom, we fight tirelessly to protect your rights and achieve the best possible outcome.
• Comprehensive approach: We leave no stone unturned in investigating your case and building a strong defense strategy.
• Clear communication: We keep you informed throughout the legal process, explaining your options and helping you make informed decisions about your case.
• Local knowledge: Our familiarity with local courts, prosecutors, and procedures allows us to navigate the legal system effectively on your behalf.

Don't Face Felony Theft Charges Alone

Felony theft accusations can have serious consequences, but you don't have to navigate this challenging time by yourself. At Trbovich Law Firm, we're ready to stand by your side and fight for your rights. Our experienced felony theft defense lawyers have the knowledge and skills to build a strong defense for you.

Contact Trbovich Law Firm today for a confidential consultation. Let us put our experience to work for you and help protect your future.

Buffalo Felony Theft Defense Lawyer FAQs

At Trbovich Law Firm, we understand that facing felony theft charges can be overwhelming. Here are answers to some frequently asked questions about felony theft in Buffalo:

What constitutes felony theft in Buffalo?

In Buffalo, as in the rest of New York State, theft becomes a felony when the value of the stolen property exceeds $1,000. This is classified as Grand Larceny in the Fourth Degree, the lowest level of felony theft. Higher values can lead to more severe felony classifications.

What's the difference between misdemeanor and felony theft?

The main difference is the value of the stolen property. Theft of property valued at $1,000 or less is typically a misdemeanor, while theft of property valued over $1,000 is a felony. Felonies carry more severe penalties, including longer potential jail sentences and higher fines. Our misdemeanor defense lawyers and felony defense lawyers are here to help no matter the charge.

Can a felony theft charge be reduced to a misdemeanor?

Yes, in some cases. Through skilled negotiation or by demonstrating weaknesses in the prosecution's case, it may be possible to have felony charges reduced to misdemeanors. This is one of the strategies our theft lawyers may pursue when appropriate for your case.

What are the potential penalties for felony theft in Buffalo?

Penalties vary based on the degree of the felony, which is determined by the value of the stolen property. Sentences can range from up to 4 years in state prison for the lowest level felony theft to up to 25 years for the most serious cases. Fines, restitution, and other consequences may also apply.

How can a felony theft defense lawyer help me?

A skilled felony theft criminal defense lawyer can help in many ways, including:

• Analyzing the evidence against you
• Identifying weaknesses in the prosecution's case
• Developing a strong defense strategy
• Negotiating with prosecutors for reduced charges or penalties
• Representing you in court
• Protecting your constitutional rights throughout the legal process

What should I do if I'm arrested for felony theft in Buffalo?

If you're arrested, remember these key points:

• Remain calm and polite, but do not resist arrest
• Exercise your right to remain silent
• Do not discuss the case with anyone except your criminal lawyer
• Request to speak with an attorney immediately
• Contact Trbovich Law Firm as soon as possible for legal representation
• Can I still be charged with felony theft if I returned the stolen property?

Yes, you can still be charged even if you returned the property. However, the court may view returning the property favorably and could potentially impact plea negotiations or sentencing.

How long do I have to hire a lawyer after being charged with felony theft?

Hiring a theft crime attorney as soon as possible after being charged is crucial. Early intervention by a skilled felony theft defense lawyer can make a significant difference in the outcome of your case.

Will I definitely go to jail if convicted of felony theft?

Not necessarily. While felony theft convictions can result in jail time, there may be alternatives depending on the circumstances of your case, your criminal history, and other factors. These could include probation, community service, or rehabilitation programs.

How long will a felony theft conviction stay on my record?

A felony conviction typically remains on your record permanently unless you're able to have it expunged or sealed. This is why it's crucial to mount a strong defense from the start.