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New York Penal Law %c2%a7 165 00 Misapplication Property

By Spodek Law Group | July 17, 2023
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 10:54 pm

Overview of New York PL § 165.00 – Misapplication of Property

Under New York statute, the crime of misapplication of property involves a person wrongfully taking or withholding assets, funds, or property that they have temporary custody or control over, but does not own. Charged as a larceny offense, penalties under PL § 165.00 can be severe depending on the values involved. Retaining an experienced white collar crime attorney is critical.

Elements of Misapplication of Property in New York

For prosecutors to obtain a conviction under PL § 165.00, they must establish these elements beyond a reasonable doubt:

– The defendant had temporary possession or control over property or assets belonging to another

– They wrongfully took, withheld, or misapplied these funds or assets

– They intended to deprive the owner of their property or use it for personal purposes

Common examples include investment advisors mishandling client money, companies misusing investor funds, or employees pocketing business revenues temporarily under their control. Even if intentions were good initially, misappropriation of funds under your control for unauthorized personal use qualifies as criminal misapplication.

Penalties Under PL § 165.00

Since misapplication of property is considered a larceny offense, potential penalties are based on the dollar value amounts involved:

– Petit larceny under $1,000 – Class A misdemeanor
– Fourth degree grand larceny $1,000-$3,000 – Class E felony
– Third degree grand larceny $3,000-$50,000 – Class D felony
– Second degree grand larceny $50,000-$1 million – Class C felony
– First degree grand larceny over $1 million – Class B felony

Given the steep consequences, retaining an assertive criminal defense attorney from the start is critical.

How to Find the Best White Collar Crime Defense Lawyer

When facing financial charges like misapplication of property, these tips will help identify elite counsel:

Seek Out Specific Experience Defending PL § 165.00 Cases

Verify the lawyer has represented many prior clients charged under this statute in local courts and knows the common prosecutorial approaches.

Assess Their Resources and Skills Handling Fraud Investigations

You want attorneys with relationships with forensic accountants, financial analysts, and investigators who can uncover weaknesses in the state’s case and documentation.

Review Their Track Record of Favorable Plea Outcomes

With over 90% of cases pleading out, seeing a history of negotiating substantial charge reductions and no jail time is key.

Compare Litigation Strengths

Look for confidence filing aggressive suppression motions, conducting witness cross-examinations, delivering sharp opening/closing arguments, and fluency in evidence rules.

Verify Local Court Familiarity

It’s ideal to retain counsel intimately familiar with local judges, prosecutors, and procedures to maximize effectiveness.

How to Select the Best Lawyer for a PL § 165.00 Case

Choosing the right counsel involves:

Reach out to attorneys, CPAs, fraud examiners, and professional organizations for recommendations of lawyers experienced in financial crime defense.

Researching Case Results Online

Look for lawyers with a track record of securing dismissals, acquittals, and charge reductions for misapplication of property and other larceny charges.

Comparing Lawyer Consultations

Schedule initial meetings with at least three top candidates to make direct side-by-side comparisons of their capabilities and style.

Reviewing Credentials

Verify educational background, bar admissions, focus on white collar criminal defense, and absence of disciplinary issues.

Ensuring Strong Client Reviews

Look for consistently positive client feedback on online sites and testimonials for handling similar financial charges.

Trusting Your Instincts

Consider factors like trust, confidence, and responsiveness when deciding on counsel you feel most assured by.

What is the Cost to Hire a White Collar Criminal Defense Lawyer?

The cost of retaining private counsel for a financial crime case like misapplication of property may include:

Case Complexity

Allegations involving extensive financials, long schemes, multiple co-defendants, and copious discovery require greater time and resources to litigate.

Lawyer Skill and Experience

Prominent attorneys specializing in white collar crime defense frequently charge $500+ hourly with high retainers given the stakes.

Case Stage

Early resolution saves legal costs versus the extensive hours involved in litigation, trials, and appeals.

Use of Financial Experts

Forensic accounting assistance, fraud analysis, and financial investigations add substantially to overall legal bills.


Attorneys in large metro areas like NYC tend to charge higher rates than other markets.

Retainer and Billing Options

Flexible arrangements like flat fees, payment plans, credit card installments, or tapping home equity lines can reduce out-of-pocket costs.

Be prepared for total legal costs ranging from $10,000 to $100,000+ depending on case severity. However, charges can potentially be defeated pre-trial. Contact the Spodek Law Group at (917) 810-8510 for urgent consultation on your alleged financial crimes. Let’s start building an ironclad defense strategy immediately.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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