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May 6, 2017

New York Penal Law 185.15: Fraudulent disposition of property subject to a conditional sale contract

Contracts used in a variety of purposes often give clear directions regarding payment, particularly if payment is not completed at the time of sale. In some situations, violating a contract stipulation could also be a criminal act. In New York, one crime that can have some criminal penalties is the fraudulent disposition of subject due to a conditional sale contract.

The crime of fraudulent disposition of subject due to a conditional sale contract occurs when an individual signs a contract to buy an item, does not pay for the item 100% at the time of sale, and later disposes or sells the item before they have paid the owed balance in full.

Example of the Crime
There are many examples of fraudulent disposition of subject due to a conditional sale contract. One example of the crime would be if you were to purchase a car from a third-party buyer. Instead of requiring you to pay for the car all upfront, the seller may allow you to take the car and make payments until you have bought it in full. If you happen to then sell the car, or throw it away, before you have paid off the full amount due to the seller, this would be an example of fraudulent disposition of subject due to a conditional sale contract.

Depending on the situation, and whether you ended up becoming current on the amount owed, it could lead to other more serious crimes as well. If you never repay the full balance, it could also be construed as auto theft.

Defense of the Case
In most cases, fraudulent disposition of subject due to a conditional sale contract is easy for the prosecution to prove. Where a NYC criminal lawyer may be able to help is by making it less clear whether or not you violated any contract. If a full contract was not signed, clearly showing your requirement to pay off the balance of the object, it could be unclear whether you really owed the seller anything. If this is the situation, then the entire case may be dismissed.

Sentencing
In general, fraudulent disposition of subject due to a conditional sale contract is not considered a very major crime. The crime is technically a minor misdemeanor that will normally be penalized only by a small fine and possible enforcement of the underlying contract.

However, depending on the amount of money that is owed and the object that is being discussed, more severe related charges could be imposed. In these situations, particularly when it comes to major theft, you could potentially be sentenced to time in prison and have to pay more significant penalties.

In conclusion, fraudulent disposition of subject due to a conditional sale contract is a crime that occurs somewhat regularly. In most cases, the crime is not brought to the attention of law enforcement, unless financial restitution is not made. In the event that you are charged with the crime, it would be a good idea to hire an attorney to help wither your defense.

A NYC criminal lawyer will be able to serve you a number of different ways. First, the attorney will be able to negotiate with the prosecutor and judge to have the case dismissed. If the case is not dismissed, the attorney will work to find a way to allow you to plea to a lesser misdemeanor charge, which may not carry any severe penalties for you.

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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Brooklyn, NY 11201

Phone

888-977-6335

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