Accused of Attempted Robberry
My question involves criminal law for the state of: New York
So I was hanging out in the city and I stupidly thought it would be a good idea to pull a prank on people using my cellphone. So what I did was when someone put their cellphone on those new garbage cans with the smooth solar panel top and I swapped my phone with theirs (indiana jones - replacing sand for the golden statue) (boy i am so dumb). (i was going to do this with waterbottles first - to swap drinks, but i chickened out with a worse decision, a phone). (this wasn't really planned out. I was just really bored) so i do it to some guy and he obviously is really pissed and accuses me of stealing his cellphone. he shoves me and threatens to call the cops. he follows me and takes a picture of my license plate with some "good samaritan". he's calling the cops describing me and i decide to flee because his friend has a bat and that it wasn't such a "big deal". so am i in danger of cops coming in to raid my house now? should i just turn myself into the local police station? i really swear on my mother it was all a prank and i didn't mean to steal his phone. why would i put my own phone (a galaxy s7) to replace it? How do I explain this to the cops?
please I'm so nervous right now I don't know what to do! I can't really sleep and it's something that could have been easily avoided. Oh god help me. Damn I'm such an idiot.
Re: Accused of Attempted Robberry
If the cops do show up to interview you or arrest you then is the time to really get worried. Until then, there is not much you can really do. What you did would appear to anyone who did not know your state of mind as an attempt to steal the other person’s phone. You can say it was prank all you want but that does not necessarily mean people will believe you. After all, real thieves come up with inventive explanations for their thefts, too, hoping to weasel out of getting charged and convicted for their thefts. Anytime you grab someone else’s property without his/her consent you set up the potential of being accused of theft. Remember that the next time you get the bright idea to some kind of prank out of boredom.
Re: Accused of Attempted Robberry
Legally, it is likely that you did in fact commit larceny. New York's statute defines larceny as including "intent to
deprive another of property." Unlike the common law definition, New York doesn't include the qualifier "permanently." You obviously intended to deprive the guy of his property, though you say temporarily. If you didn't deprive him of his property, there would be no "prank". Nobody can predict with any certainty what the police will or will not do. Did they guy get his phone back? If so then it's likely the police aren't going to put much time into his complaint.