By Thomas J. Carr
The greater Capital Region became a less violent place in 2010, but overall criminal activity rose due to a startling increases in property-related crimes, according to an analysis of statistics from the New York State Division of Criminal Justice Services (DOJS).
According to a DOJS report detailing statewide crime counts and rates per 100,000 population, violent crimes in 11 counties of the greater Capital Region declined 1.1 percent to 3,212 compared to 3,248 in 2009. This annual decline was lower than the 4.1 percent decline experienced statewide, excluding New York City. (See below chart).
Given the state of the economy, it is not surprising that the rate of reported property crimes increased 4.9 percent to 29,355 in the 11 region counties. What is surprising is that the region’s rate was almost 10 times greater than the 0.5 percent rate for New York State outside of New York City, according to the DOJS report. Most alarming was property crimes in Montgomery, Saratoga and Albany counties, where rates rose by 83.4 percent, 12.2 percent and 5.7 percent, respectively.
It is crucial that people charged for criminal offenses contact a criminal defense attorney who can defend their rights. For example, Section 155.15 of the New York State Penal Law identifies two affirmative defenses for larceny. One defense concerns larceny committed by embezzlement or taking via trespassing when the allegedly stolen property was “appropriated under a claim of right made in good faith.” The other concerns larceny by extortion committed by threatening a victim that he or she could face criminal charges. In such cases it is an affirmative defense when a defendant believed the threatened charge was true and he or she only wanted to coerce the victim into remedying whatever the threatened charge concerned.
In the case of first degree burglary, which involves the armed breaking into a dwelling, Section 140.30 of the Penal Law states it is an affirmative defense when a firearm used in the offense was not loaded. In addition to raising such defenses, when applicable, a criminal defense attorney could also ensure an accused person’s due process rights are not violated, challenge the evidence against him or her, or present mitigating factors that could result in reduced sentences.
First and foremost, people arrested for property crimes should not make any statements to law enforcement officials without first consulting with an attorney.
Thomas J. Carr, Esq. is a partner at Tully Rinckey PLLC and concentrates his practice in the area of Criminal Defense, including DWI. He can be reached at firstname.lastname@example.org. The schedule a meeting with one of Tully Rinckey PLLC’s criminal defense attorneys call 1-888-LAW-4LIFE.
|Greater Capital Region Index Crime Counts and Rates
Per 100,000 population
|County||Year||Total||Violent||Murder||Forcible Rape||Robbery||Agg. Assault||Property||Burglary||Larceny||MV Theft|
|11-County Greater Capital Region||2009||31,233||3,248||26||209||927||2,086||27,985||5,380||21,594||1,011|
|Data from “Crime in New York State 2010 Final Data,” New York State Division of Criminal Justice, report, Sept. 19, 2011|