Charged with Shoplifting in New York?

If you think a shoplifting charge is no big deal and will ultimately result in a slap on the wrist, think again. Shoplifting, also referred to as theft of property, is a serious criminal offense that is prosecuted in New York City. If you are convicted, the legal consequences can be harsh, including having to pay large fines, serving probation or community service, being banned from a particular store, and even having to serve time in jail.

In New York City, shoplifting can come in various forms. These include concealment of merchandise, altering price tags, or switching packaging to pay a lower price. 

If you were charged with shoplifting, it is crucial to understand the legal implications and hire a qualified shoplifting lawyer. Rosenblum Law is here to help. Our lawyers have over 100 years of combined legal experience and understand the complexities of New York criminal law. 

Understanding Shoplifting Laws in New York City

In New York City, when someone is accused of shoplifting, they will likely be charged with committing larceny under N.Y. Pen. Law § 155.05. There are two forms of larceny: 

• Petit larceny in New York is a misdemeanor that generally includes theft that is below $1,000 in value under N.Y. Pen. Law § 155.25
• Grand larceny in New York is a felony generally covering theft valued at $1,000 or more under N.Y. Pen. Law § 155.30 

Consequences of Petit Larceny Charges  

Petit larceny is a class A misdemeanor offense. If convicted, it can result in:

• A fine of up to $1,000 
• A jail sentence of up to a year. 
• Probation 
• Community service. 

If the value of the allegedly stolen merchandise is $100 or less, an attorney may be able to negotiate an “adjournment in contemplation of dismissal” with the prosecutor. This would mean that if the defendant stays out of trouble for six months, the shoplifting case will be dismissed and sealed after six months. In addition, the incident would not be part of any permanent criminal record. An adjournment in contemplation of a dismissal can be requested by the defendant, the prosecutor, or even the judge at an arraignment, or the first step of bringing the defendant in front of the court,  or any time thereafter. 

Consequences of Grand Larceny Charges

If the alleged shoplifting involved merchandise valued at more than $1,000, grand larceny charges will come into play. Grand larceny is a serious crime. In fact, it is a felony offense, which means the penalties associated with a grand larceny conviction are more severe and potentially life altering. In New York, there are four “degrees” of grand larceny, including:

• Grand larceny in the fourth degree: Grand larceny in the fourth degree is a class E felony. There is no mandatory prison sentence if convicted. However, the court may impose a prison sentence of up to four years.
• Grand larceny in the third degree: Grand larceny in the third degree is a class D felony. Upon conviction, sentences can range from probation to up to seven years in prison.
• Grand larceny in the second degree: Grand larceny in the second degree is a class C felony. Sentences can range from probation to having to 15 years in prison.
• Grand larceny in the first degree: Grand larceny in the first degree, a class B felony, is the most serious form. If convicted, the potential penalties include up to 25 years in prison. Even a first-time offender convicted of grand larceny in the first degree would be required to serve at least one to three years in jail. 

In addition to the penalties described above, there are long-term consequences associated with a shoplifting conviction. For example, having a criminal record could hamper employment prospects, educational prospects, the ability to secure housing, and even impact someone’s immigration status.

Possible Defenses to Shoplifting Charges

There are multiple defenses that could be raised to challenge shoplifting charges, including:

• Lack of Intent: Shoplifting charges require the prosecution to prove, beyond a reasonable doubt, that the defendant intended to deprive the store owner of the merchandise that was allegedly stolen. If there is evidence confirming that they did not have the intent to steal or that there was a misunderstanding, that can provide a basis for a defense to challenge the shoplifting charges.
• Mistaken identity: If there is evidence reflecting someone else actually committed the theft, or if it is not possible to actually link the defendant to the shoplifting incident, then this can serve as a viable defense to shoplifting charges. 
• Improper Search and Seizure: If the defendant’s constitutional rights were violated during a search and seizure by law enforcement, then any evidence obtained through the improper search and seizure could be deemed inadmissible in court. 

In order to successfully make these arguments, it’s important to hire an experienced attorney who understands the law and will know how to defend a client in a shoplifting case. 

The Role of a Shoplifting Lawyer in New York City

A shoplifting lawyer in New York City can play a significant role in how a case is handled and the outcome. Generally, before formally hiring a shoplifting lawyer, the defendant and attorney should have an initial consultation. During the consultation, the attorney will assess the case to determine possible defenses and whether it makes sense to move forward. 

Once hired, the shoplifting defense attorney will gather and review evidence such as video footage, witness statements, and store records. The attorney will also develop defense strategies and negotiate with prosecutors to possibly reduce the charges or pursue alternative sentencing. 

If negotiations do not reach a satisfactory conclusion, an effective shoplifting defense lawyer will fight for their client in court. This includes challenging the prosecution’s evidence and witnesses, identifying procedural errors or rights violations, and otherwise trying to show that the prosecution failed to prove its case. 

The overarching objective of a shoplifting lawyer is to try and mitigate the potential penalties of the shoplifting charges and minimize any adverse impacts on the defendant’s life.

FAQs

Contact Rosenblum Law to Schedule a Free, Confidential Consultation

As discussed, the crime of shoplifting is taken seriously in New York City with penalties ranging from large fines to imprisonment. The potential long-term impact of a shoplifting conviction is one of the primary reasons why it is so important to retain the services of a skilled and effective shoplifting defense attorney with Rosenblum Law. 

Regardless of how simple or complex the shoplifting case is, our team of reputable New York City criminal defense attorneys will thoroughly examine every detail of the alleged incident to develop the best possible defense to the shoplifting charges. We will then aggressively represent you in negotiations with the prosecutor and, if necessary, take your case to trial. To learn more, schedule a free, confidential consultation with Rosenblum Law today.