Rochester, NY asked in Criminal Law for New York

Q: What if you weren't stealing but kept it safe because his door was open and couldn't lock it and returned it when he

Came home and told him what happened and he charges you anyway. What can happen?

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1 Lawyer Answer
Stuart Austin
Stuart Austin
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

A: The law is usually defined as permanently depriving the owner of his property or doing something inconsistent with the owners rights. It will be a question of fact based on when you told him what happened. If you told him after he confronted you it may seem likea self serving excuse. If you told him immediately when he got home, it would appear to be more genuine. Other circumstances surrounding your safeguarding the property will also need to be answered.

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