Need a Petit Larceny Lawyer in New York?

Petit larceny, also known as petty theft and often charged as shoplifting, is a common crime in New York City that can have serious consequences. The potential punishment of a petit larceny conviction is one year in jail and/or a $1,000 fine. Understanding the laws and regulations surrounding petit larceny is crucial for both residents of and visitors to NYC. 

If you or a loved one is confronting petit larceny charges, it is important to hire legal counsel. An experienced and knowledgeable petit larceny lawyer at Rosenblum Law can assess the situation, apply the facts to applicable legal elements, and try to get the charges reduced or dismissed.

Understanding Petit Larceny Laws in New York City

New York Penal Law Section 155.25 deals with larceny crimes. It states that petit larceny is considered to be the theft of any property valued at $1,000 or less. This means petit larceny could be charged for theft involving:

• Embezzlement
• Extortion
• False pretenses
• Fraud
• Receipt of stolen property
• Shoplifting
• Trick

If accused of shoplifting, there is the possibility of being charged with related crimes as well. For example, it is possible to be charged with both petit larceny and criminal possession of stolen property in the fifth degree, a Class A misdemeanor, according to New York Penal Law Section 165.40.

To be charged with petit larceny in New York City, certain legal elements must be proven. These include: (1) unlawfully taking the property of another individual; (2) with the intent to withhold the property from the owner; (3) when the property is valued at $1,000 or less.

If someone is accused of petit larceny, a “Desk Appearance Ticket” may be issued by the NYPD requiring them to appear in criminal court on a specific date (also known as the “return date” on the ticket). In many cases, a Desk Appearance Ticket is issued when someone is accused of a misdemeanor but does not have a prior criminal record. The Desk Appearance Ticket is only issued for one crime, but the prosecutor may bring other charges in addition to petit larceny (e.g., criminal possession of stolen property).

If issued such a ticket, it is critically important to be in court at the date and time specified, preferably with an attorney. Failing to appear will likely result in a judge issuing an arrest warrant. 

During the initial court hearing, otherwise known as the arraignment, formal charges will be issued, and the defendant can plead guilty or not guilty. A date for another hearing will then be scheduled. 

As mentioned earlier, the value of the subject property significantly impacts the severity of the criminal charges. The alleged theft of property valued at over $1,000 can be charged as grand larceny, which is considered a class E felony and comes with harsher penalties.

Consequences of Petit Larceny

In New York, petit larceny is classified as a misdemeanor. If convicted, the defendant faces up to one year in jail and up to three years of probation, along with court fees and up to $1,000 in fines. 

In addition to criminal charges, the accused could be sued by the alleged victim. Under New York law, the alleged victim of petit larceny may file a civil lawsuit for five times the value of the items allegedly stolen.

Factors Considered in Prosecuting Petit Larceny

There are multiple factors to consider when deciding whether to prosecute someone for petit larceny. For example, prosecutors have to prove that the individual charged with the theft actually intended to keep someone else’s property. If there is good evidence that the defendant took the property by accident, a prosecutor might decide not to bring the case to trial.

Other relevant factors considered in prosecuting petit larceny include the value of the allegedly stolen property and the defendant’s criminal record. A prosecutor may be more inclined to negotiate a plea deal, or to have the charges reduced or dropped, when a defendant does not have a prior record of past offenses. 

How an Attorney Can Assist Someone Accused of Petit Larceny in New York City

Hiring a seasoned petit larceny lawyer can greatly increase the chances of getting the charges dropped or reduced. The best way to determine different legal options is to schedule an initial consultation and case evaluation. During this evaluation, an attorney will answer questions and provide guidance on the legal process. 

Once hired, the attorney will gather evidence such as surveillance footage and witness testimony. This will help them come up with an effective legal strategy.

The attorney also will aggressively represent their client during court proceedings, negotiate with prosecutors for reduced charges or penalties, and possibly try to get the charges dropped. In addition, they can explain the pros and cons of a plea deal to their client.

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Call Rosenblum Law for a Free Consultation

Whether innocent or guilty, facing criminal charges is a frightening experience. The accused risks losing their freedom, finances, and future if convicted. A criminal record can follow someone around and haunt them for years, particularly when attempting to enter certain professions, apply for housing, or attend an institution of higher education. 

This is why it makes sense to speak to an experienced petit larceny lawyer with Rosenblum Law. Contact our law firm today to schedule a no-cost, confidential consultation. Our defense attorneys will provide guidance through each step of the legal process. No matter how simple or complicated the case, our team will examine every detail and work tirelessly to get the charges reduced or dismissed.