If you take something which isn’t yours, you’r intentionally depriving someone of that property or the compensation for the services – which is a crime. In New York, if you steal property or services valued at $1000 or less, then it’s considered petit larceny, or fifth degree criminal possession of stolen property. Another serious crime, is Theft of Services (NY PL 165.15). This is a misdemeanor punishable by up to 1 year in jail. It’s an extremely problematic issue, and criminal charges can be pursued regardless of the value of the service you took.
FAILURE TO PAY CAB FARE OR RESTAURANT CHECK
This is one of the most common forms of theft of services. For example, if you take a yellow cab home, and there is a dispute on route/fare, or if you’ve misplaced your money/credit card – you can be in trouble. If the cab driver locks the door, and calls the police, you really can’t do much. Despite your defense you had the means to pay, or you did nothing wrong, the police will still arrest you. When you’re arrested for theft of services, prosecutors will charge you with violating New York penal law 165.15(3), which means you are guilty of theft of services if you intentionally didn’t pay for transportation. The sentence is potentially up to 1 year in jail. If you don’t pay at a diner/restaurant, then you’ll face the same crime. If you intentionally refuse to pay for the services you consumed at a restaurant, and avoid payment, you are guilty. There can be defenses, which our attorneys can present on your behalf.
ENTERING THE SUBWAY WITHOUT PAYING
NY Penal Law doesn’t differentiate between a person who uses a senior metrocard, or a student metrocard to enter the subway w/out permission. If you’ve hopped the turnstile, you are guilty in the eyes of the NYPD and the DA’s office. Typically, subway arrests are easier to handle – but can become challenging if you resist arrest – or create issues.
VIOLENCE MAKES THE CRIME WORSE
If you are violent when avoiding/stealing services/goods, this can complicate things. If you get into a physical confrontation with a cab driver, the restaurant staff, or the police officers – this can result in additional charges being filed against you. Now, not only will you be accused of NY PL 165.15, but you’ll also potentially face charges such as Third Degree Assault, Criminal Mischief, or other accusations. These A misdemeanors will magnify your case – and the Prosecution will treat you worse.
DEFENSES TO THEFT OF SERVICES ACCUSATION
The scenario under which you’re arrested can vary, the defenses though are typically the same. Our goal is to get your case dismissed, or get an Adjournment in Contemplation of Dismissal. There’s no guarantee the case will be dismissed, but you need a criminal defense attorney whose going to fight hard on your behalf in order to make sure the case is dismissed.
For example, if you’re accused of refusing to pay the cab fare – did you offer to stop at a bank to get cash? If so, then that’s a solid defense. If the cabs card reader wasn’t working – then this is a solid defense. In short, we will challenge their allegations by showing how you tried to pay the items/services in question, and try to show how it’s the OTHER PARTY’S fault that you were unable to do so. Our goal is to make the opposition look foolish, and at fault.
We are some of the service driven theft of services attorneys in NYC. If you’re future is at risk, we encourage you to contact us 24/7 – day or night, for a risk free consultation. We are here to help you. We can help you with your arrangement, and can handle the entire process. You don’t even have to come to court. We can handle it all for you. Let’s get started today with a risk free consultation.
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