Desk Appearance Tickets for Theft of Services in New York City (Penal Law § 165.15)

Many people in New York City are surprised to learn that something as seemingly minor as skipping a subway fare, leaving a cab without paying, or walking out on a restaurant bill can actually lead to a criminal charge. In fact, under New York Penal Law § 165.15, these acts are classified as Theft of Services — a misdemeanor offense that can result in a criminal record if not handled properly.

If you’ve been issued a Desk Appearance Ticket (DAT) for Theft of Services, you may be tempted to think it’s “just a ticket.” In reality, it’s a summons to appear in criminal court, and failing to take it seriously can lead to an arrest warrant and lasting consequences.

What Is Theft of Services (PL § 165.15)?

Under New York Penal Law § 165.15, a person is guilty of Theft of Services when they obtain services without paying for them and intend to avoid payment. The statute covers a wide range of conduct, but the most common scenarios in New York City include:

• Subway or Bus Fare Evasion: Entering the subway without swiping a MetroCard or paying a fare; or jumping a turnstile.
• Taxi or Rideshare Fare Evasion: Leaving a taxi, Uber, or Lyft without paying the fare.
• Restaurant or Bar “Dine and Dash”: Consuming food or drinks and leaving without paying the bill.
• Hotel or Lodging Fraud: Staying at a hotel or short-term rental and intentionally leaving without paying for the room or services.
• Utility or Cable Service Theft: Tampering with meters or illegally connecting to cable, internet, or electricity services.

Common Circumstances Leading to a Desk Appearance Ticket

If the alleged offense is non-violent and the accused has valid identification, police officers will often issue a Desk Appearance Ticket rather than holding the person overnight for arraignment. The DAT directs the person to appear in criminal court (typically in Manhattan, Brooklyn, Queens, or the Bronx) on a later date.

At that court appearance, the accused will be formally arraigned — that is, the charges will be read, and a plea of “Not Guilty” will be entered.

Although the charge might seem trivial, Theft of Services is a Class A misdemeanor, punishable by up to one year in jail, three years of probation, and fines or restitution. More commonly, however, these cases can be resolved through dismissals, non-criminal violations, or diversion programs — if handled properly by a skilled attorney.

Why These Cases Matter More Than You Think

Even though many Theft of Services cases are resolved without jail time, a conviction can still cause serious collateral damage:

• A permanent criminal record that appears on background checks.
• Problems with immigration status, work visas, or future travel.
• Negative impact on professional licensing or employment prospects.
• Difficulty passing security clearances or background investigations.

That’s why it’s critical to handle the case intelligently from the start — ideally with the help of an experienced defense attorney who knows the local courts and how to achieve the best possible outcome.

How an Experienced Attorney Can Help

A seasoned criminal defense lawyer can often:

• Appear on your behalf if you live out of town or cannot miss work.
• Negotiate with prosecutors to have the charge dismissed or reduced to a non-criminal violation (such as “Disorderly Conduct”).
• Identify weaknesses in the prosecution’s case (for example, lack of proof of intent to avoid payment).
• Advocate for alternatives such as adjournments in contemplation of dismissal (ACD), which can result in the charge being dropped entirely after six months.

Why Matthew Galluzzo Is the Right Attorney for Theft of Services Cases

Matthew Galluzzo is a former Manhattan prosecutor and an experienced New York City criminal defense lawyer who has represented hundreds of clients charged with Theft of Services and other misdemeanors arising from Desk Appearance Tickets. His unique background makes him particularly well suited for these cases:

• Former Manhattan Assistant District Attorney: Mr. Galluzzo understands exactly how prosecutors think and what factors lead them to dismiss or reduce charges.
• Extensive DAT Experience: He routinely represents clients in all five boroughs who have received Desk Appearance Tickets — including many from outside New York. In many cases, he can appear in court without the client at the first appearance.
• Strategic, Client-Focused Approach: Mr. Galluzzo’s goal is always to resolve the case in a way that avoids a criminal record and protects his client’s reputation, immigration status, and career.
• Trusted and Respected in NYC Courts: His years of experience and professionalism have earned him respect from judges, prosecutors, and court personnel across the city.

Bottom Line

If you’ve received a Desk Appearance Ticket for Theft of Services — whether for subway fare evasion, leaving a taxi or restaurant without paying, or a misunderstanding at a hotel — don’t ignore it and don’t go unrepresented. Even a minor case can have long-lasting effects if handled improperly.

Matthew Galluzzo has the experience, insight, and courtroom skill to protect your rights and help you move past the incident quickly and cleanly.