New York City Criminal Attorneys for Your Shoplifting or Petty Larceny Charge
SHOPLIFTING is used to describe the non-violent theft of merchandise from a retail outlet. It is considered a “property” crime by most courts and is the most common form of prosecuted theft. Because of the nature of the crime itself—you are invited into the store, you are allowed to pick up, try on, and carry items around the store, there is a great deal of ambiguity in defining intent. All too often a mistake made by a distracted shopper can lead to him or her being prosecuted for theft. We present a human explanation for the event and negotiate proactively on your behalf.
To understand why shoplifting is considered a “serious” offense by the courts, you must understand how the state of New York categorizes these cases:
Shoplifting is a type of larceny describe by New York Legal Code as:
S 155.05 Larceny.
Most cases of shoplifting are categorized as “petit larceny”:
S 155.25 Petit larceny. Petit larceny is a class A misdemeanor.
Shoplifting in New York may be considered Petit Larceny and Criminal Possession of Stolen Property, each of which are Class A misdemeanors and carrying a punishment of by up to a year in jail. Felony arrest for Grand Larceny shoplifting carries major penalties and long terms in prison.
In addition to the criminal charges, jail time and fines, there are other considerations. Your career will be affected as will any professional licensing. If you are an immigrant, your status may be disrupted as well. The consequences of shoplifting linger on years after the arrest. Many people think that because the theft was only a few hundred dollars, the courts won’t take it seriously. Well, if the courts, police and prosecutors didn’t take shoplifting seriously, you would not have been arrested.
It needs to be clear that retaining an experienced criminal attorney in New York will make the difference between a life-changing arrest and walking away with your record — and dignity — intact.
Definition of shoplifting
Shoplifting is committed when an individual wrongly obtains property of another person, or business, intending to deprive that person, or business, of the property. Depending on the assessment of the property, the criminal penalties vary. For property valued at $1000 or less, the charge is petit larceny. Over $1000, it becomes grand larceny. In addition to the criminal penalties, merchants in New York are allowed to bring civil lawsuits to recover damages.
Penalties for Shoplifting in NYC
Shoplifting property with less than $1000 in value is a Class A misdemeanor and brings jail up to a year with a fine of up to $1000.
Over $1000, but less than $3000, is grand larceny in the fourth degree, a class E felony. Convicted of this and you’re looking at up to four years in prison. The fine will be either $5000 or double the value of the property taken, depending on which is more.
Over $3000, you are charged with grand larceny in the third degree, a class D felony. You are looking at a maximum of seven years of incarceration and a fine similar to a class E felony.
The penalties get progressively more sincere depending on the property value. Grand larceny, first degree, is a class B felony and is charged when the property value exceeds $1 million. Get charged with this and you’re looking at up to 25 years in prison.
Civil Liability
Merchants can sue an adult (and emancipated minors) for the retail value of merchandise up to $1500 if the property is not recovered in re-saleable condition. Merchants may also be awarded a penalty equal to $75 or five times the worth of the products, whichever is greater. The penalty surcharge is limited to $500.
Diversion Programs
In some situations, individuals accused of shoplifting may qualify for a diversion program in place of incarceration. If the alleged offender completes the program satisfactorily, the criminal charges will be dropped. In situations where diversion programs are not an option, the accused’s attorney may be able to negotiate a reduced sentence with the prosecutor. A plea bargain normally entails the accused pleading guilty in exchange for lesser charges.
New York Shoplifting Recommends to Seek Legal Counsel
While there are a great many people who make quite a living for themselves by shoplifting, more often than not, those prosecuted are individuals who have either made a mistake or have a diagnosed compulsion. Here at Bukh Law Firm we act as aggressive advocates to have the case dismissed, mitigated, or pled to a minor offense. We understand life’s complexities and will be your best advocate in the courts.
Being charged with a shoplifting charge, regardless of the actual value of the property, is a life-changing experience. It is not the time to try to represent yourself or to go to court without an attorney. Retaining Bukh Law Firm as counsel will help make sure that your case has the greatest possible outcome.
