Understanding Jostling under New York Law
Jostling can be defined, under the New York Law, as pushing, elbowing, or bumping into a person in a jam-packed area. In most cases, jostling is often an accident. However, it is a technique used by thieves to commit theft. It can be referred to an accident if you are riding a bus or a crowded subway. Under the New York penal code 165:25, jostling is a crime to:
Instances of Jostling as Per New York Penal Code 165:25
- Place your hand near another person’s handbag or pocket, or
- Jostle or crowd a person while another person’s hand is near the handbag or pocket of the victim.
You are more likely to be charged with theft case if you are charged with jostling. Moreover, you will also face sentence for criminal possession of stolen property.
Example Illustrating Jostling
Bull and Ted decided to stand on either side strategically to commit a crime. Both of them were standing on the other side of Sue where many people were standing waiting for a bus. During that time, Bill’s hand was located near Sue’s handbag. When Ted bumped into Sue with a pointed elbow to the face, Bill reached out for Sue’s handbag. He grabbed it and walked away quickly. Ted apologized for his clumsiness and went on his way. A few moments had passed before Sue realized that her bag was gone. She went to report the matter to the police. When she was at the police, they quickly apprehended Ted and Bill. Both Bill and Ted could face jostling charges. Moreover, this crime can be accompanied by a petit larceny charge for possessing stolen property.
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Jostling in Everyday Situations
You lose your balance at the bust stop and bump into another person holding his newspaper before regaining your footing. You may have committed a class A misdemeanor known as jostling. A police officer can arrest you in that instance. Jostling, along with criminal trespassing, is one of the many crimes under the New York Penal Laws.
Related Offenses
- Fifth-degree criminal possession of stolen property: New York Penal Law 165:40
- Fourth-degree grand larceny: New York Penal Law 155:30
- Petit larceny: New York Penal Law 155:25
Defenses Against Jostling Charges
If your actions perceived as jostling were by accident and you had no intention to steal from the victim of the accident, then you have a valid defense against that charge. That is the only way you can be acquitted.
Sentence and Legal Implications
Because jostling crime belongs to the class A misdemeanor, you are likely to face a one-year jail term if you are convicted. For this reason, you are required to pay a fine. You are also likely to face a three-year probation jail term at the country prisons.
New York Penal Law 165.25: Jostling
A person is said to be guilty of jostling when, in a public place, he unnecessarily and intentionally:
- Places his hand in a manner that suggests he is very near to the pocket or handbag of the victim. Or
- Crowds or jostles another person in a manner that suggests an accomplice’s hand was very near to the handbag or pocket.
Seek Legal Assistance
Even though the jostling crime can be classified as a misdemeanor and not a felony, it is still imperative that you seek the services of an experienced lawyer in this field. The staff at the NYC Criminal Attorneys Law Firm have many years of experience in representing their clients in the New York criminal courts charged with crimes including petit larceny, fraudulent accosting, criminal possession of stolen property, harassment, grand larceny, and criminal mischief. For a free consultation session, please call our offices and get immediate legal assistance in your case.