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  1. #1
    Join Date
    Jul 2005
    Location
    new york
    Posts
    1

    Default PLEASEEEE HELP

    Hi, I have been recently arrested in Nassau county Ny and charged with 155.25 . This is my second time. I had an out of state (NJ) in 1996. ended up with $400 worth of fines. Im scared to death .... how bad is it this time? The total amount this tinme was 500 bucks worth. i posted a $500 bail and now what????? Please help ....what can i expect????

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Petit Larceny in New York

    That statute provides:
    Quote Quoting New York Penal Code Section 155.25 - Petit larceny.
    A person is guilty of petit larceny when he steals property.
    Petit larceny is a class A misdemeanor.
    Accordingly,
    Quote Quoting New York Penal Code Section S 70.15 - Sentences of imprisonment for misdemeanors and violation.
    1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.
    Thus, a sentence could range from probation to one year in jail, with assessments of fines and court costs.

    If the prosecutor detects your record, that could increase your sentence. A local lawyer should be able to tell you if it is likely that your out-of-state record would be detected, give you a pretty good estimate of your likely final sentence, and inform you of any altnernative sentencing options that might be available.

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