Theft of Services in New York: Penalties, Charges, and Defenses

Theft of services is one of several theft crimes, which all involve taking property that rightfully belongs to someone else to deprive them of that property permanently.

New York law defines the crime of theft of services as a perpetrator doing any of the following:

• Obtaining services, or attempting to obtain services, and trying to avoid paying for them through the use of false information, stealth, tampering, force, failure to pay, or by other means.
• Obtaining or attempting to obtain a service through the use of a credit or debit card that the recipient of the service knows to be false or stolen
• Obtaining the labor of another person or business when the recipient knows that they are not entitled to that labor.

Depending on the value of the services stolen and other factors, e.g., the defendant’s criminal record, the prosecution may charge the crime as a violation, a Class A misdemeanor, a Class E felony or a Class D felony. The severity of the punishment is related to the exact crime that is charged.

It is important to note that the theft of services is not the same as “reasonable rejection.” The recipient of a service may not pay the service provider, because they genuinely believe that the service was not provided as promised by the service provider. Or the recipient may believe that the service was performed badly and not as promised by the service provider.

While it may lead to a dispute with the service provider, it should not lead to a criminal charge. A New York lawyer consultation would help a person understand the difference.

What Are Some Common Examples of Theft of Services in New York?

Theft of services can take many forms, as thousands of businesses offer services to the public in New York. However, a few examples follow that better illustrate the multitude of ways in which an individual can perpetrate this crime:

• Intentionally paying less than is owed for a bill at a restaurant and leaving before the staff discovers the underpayment and is able to recover the amount still owed
• Failing to pay for a stay in a hotel room
• Attempting to avoid paying for a haircut or other hair treatment in a barber shop or beauty salon
• Not paying the fare on a train, airplane, taxi, subway, ride service or bus
• Illegally gaining access to cable television, telephone, WiFi connection, or other telecommunication service and not paying for the service
• Obtaining gas or water services without the consent of the supplier and not paying for the services
• Tampering with a telecommunications device intended to measure the charge for a service provided
• Tampering with mechanical or electronic devices that measure a service, e.g., a meter, or that calculates the charge for a service provided, e.g., a ticket machine
• Making commercial gain by using the labor of an individual or business without their consent
• Receiving a telephone service or cable T.V. service through use of a stolen or fabricated name or identification number.

There are many more examples of service theft that could be identified here. Generally, they all involve using or consuming a service and not paying the compensation that is legitimately owed to the service provider.

What Is the Punishment for Theft of Services in New York?

The punishment specified in New York law depends on the value of the services stolen and other factors, such as the defendant’s criminal record, as follows:

• If the value of the services stolen is less than $250, the prosecution charges the crime as a Class A misdemeanor. Imprisonment in jail for a maximum of 1 year is the possible punishment.
• If the value of the services stolen is from $250 to $1,000, the prosecution charges the crime as a Class E felony. Imprisonment in state prison for up to 4 years is the possible punishment.
• If the value of the services stolen is more than $1,000, the prosecution charges the crime as a Class D felony. A maximum of 7 years in prison is the possible punishment.

If a case involves a theft of cable television service with a value of $100 or less by a perpetrator who has no prior convictions for theft of services, the prosecution may charge the theft of services as a violation only and not a misdemeanor criminal offense.

In New York law, a violation is a criminal offense that is less severe than a misdemeanor or a felony. It can be punished by incarceration in jail for no more than 15 days, but it is usually punished by payment of a fine only.

There are other circumstances in which a theft of services by a perpetrator who has no prior convictions on their criminal record is a violation and not a misdemeanor or felony.

The theft of any telephone service with a value over $1,000 by a perpetrator who has a prior conviction within 5 years of the theft of telephone services is a Class E felony with a possible punishment of up to 4 years in prison.

A judge is unlikely to sentence a defendant to a jail or prison term if their offense is a first offense. A New York lawyer would be able to explain all of the details of criminal sentencing guidelines in that state.

What Are Key Defenses to Theft of Services Charges in New York?

A number of defenses are available in a case of theft of services in New York. In a New York lawyer consultation, a person charged with theft of services would be able to discuss whether any defenses apply in their case.

Among possible defenses are the following:

• Lack of Intent: The crime of theft of services requires that the perpetrator intends to permanently deprive the true owner of the service of the payment they are owed. If the perpetrator can create doubt about their intent, they might defeat the charge.
• Consent: If the perpetrator can show that the service provider consent to providing their service free of charge, this would defeat the charge.
• Value Challenge: A perpetrator may have had a dispute with the service provider about the quality or the quantity of the service provided and may not have paid in protest. If the perpetrator had a legitimate dispute with the service provider, this would mean that they did not have the required criminal intent.
• Affirmative Defense: A perpetrator might argue that they acted in self-defense, e.g., because they were threatened by another person with harm if they did not act as they did. Or, they might show that they acted under some other form of duress, which should excuse their actions.
• Procedural Errors during Investigation or Arrest: Law enforcement may make errors in collecting evidence. They may conduct illegal searches or illegal interviews of the defendant. If this is the case, then the evidence or statements of the defendant may not be allowed into evidence at a trial. This could significantly weaken the prosecution’s case.

What Evidence Helps Support a Theft of Services Defense?

A defendant would need to present compelling evidence to support their defense. This would mean locating and producing records of any transactions involved, statements of witnesses and records of any communications that are relevant to the facts of the case. So, letters, emails, text messages, and phone records all could be records of communications that shed light on what happened in the case.

A lawyer would help a defendant identify and locate evidence that could support their defense.

When Should I Talk to a New York Theft Defense Lawyer?

If you have been charged with theft of services, you want to talk to a New York criminal defense lawyer. Whether the charge is a violation, a misdemeanor or a felony, a conviction would be on your record and could have negative consequences for your housing options or employment.

Your lawyer can review the facts and investigate any possible defenses. Your lawyer knows how to negotiate possible resolutions with the prosecution and if necessary, how best to present your case at trial.