Does Shoplifting Stay on Your Record?

While some people don’t think shoplifting is that serious, it can drastically impact your life – your choices and opportunities. That’s why you should speak with a Wantagh, NY, shoplifting defense lawyer who handles these cases if you face criminal charges.

For example, a shoplifting conviction in New York and New Jersey has serious repercussions.

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Getting Charged for Shoplifting in New York

In New York, petit larceny is a class A misdemeanor. This charge can land you in jail for a year when you steal $1,000 or fewer items.

You can have your record sealed, but you’ll have to wait ten years, according to CPL 160.59 legislation. Again, you can’t get charged for shoplifting and forgo seeking the help of a shoplifting attorney. A lawyer’s help is critical to realize a better outcome.

New Jersey Shoplifting Legislation

If you live and shoplift in New Jersey, a shoplifting conviction usually stays on your criminal record for life unless you take steps to remove it. You can delete the conviction, provided you meet certain requirements. These mandates include:

• Waiting for a specific time*
• Paying restitution or fines
• Avoiding arrest
• Completing a pre-trial intervention program (PTI)

Again, you can’t delete a record or defend a shoplifting charge without seeking legal help. In New Jersey, the waiting period depends on the offense.

*You’ll need to wait five years to apply for expungement if you’re indicted and convicted for a disorderly person’s offense or take items valued at $200 or less, and six years for an offense where you stole $200 or more in merchandise. Expungement processes can be complicated, so legal intervention is necessary.

Punishments for Shoplifting in New York

As noted, taking up to $1,000 in products, known as petit larceny, is a class A misdemeanor—a charge that may lead to one year in jail, fines up to $1,000, and probation. If you steal over $1,000, the charge is stepped up to grand larceny, considered a felony. Depending on the amount stolen, the felony gets classified as a third-degree, second-degree, or first-degree felony. Here’s how the punishment breaks down.

• $3,00 to $50,000 – Grand larceny in the third degree. You may face up to seven years in prison and large fines.
• $50,0000 to $1,000,000 – Grand larceny in the second degree (a Class C felony). This charge can lead to 15 years in prison along with large fines.
• Over $1,000,000 – Grand theft in the first degree (class B felony) – a charge that can lead to 25 years in prison and hefty fines.

Besides criminal charges, you might also be subject to a civil lawsuit from the merchant to recover damages. If the stolen items are not resellable, a store owner can seek the retail value of the products, up to $1,500.

Punishments for New Jersey Shoplifting Charges

If you face shoplifting charges in New Jersey, the charges fall under four categories, depending on the value of the goods stolen:

Below are the charges and punishments:

• Up to $200 – Disorderly Person’s Offense – up to six months in jail and up to $1,000 in a fine.
• $200 to $500 – Fourth-degree charge – up to 18 months incarceration and $10,000 in fines.
• $500 to $75,000 – Third-degree offense – three to five years incarceration and a fine up to $15,000.
• Over $75,000 – Second-degree offense – five to ten years in prison and fees and fines up to $150,000.

If you steal over $200 in merchandise, shoplifting is a felony. Besides prison time and fines, you may also have to pay restitution.

First-time offenders can receive a reduced sentence and fine or can go through a pre-trial intervention (PTI) program, which may last up to three years. To complete the PTI process, your attorney must submit a written request 28 days after your arrest. Even if you agree to return the stolen goods, you may still have to pay court fees.

Why You Need to Consult with a Shoplifting Attorney

You need to take shoplifting charges seriously. A shoplifting lawyer can support you in one of several key ways.

If you face accusations of stealing from a local store, hire a shoplifting attorney to handle the issues. Here is how they can handle your case and reduce the charges against you:

Case evaluation:

An attorney’s guidance is important, as they:

• Consider all the facts about the matter
• Identify all weak points in the charges against you
• Assess whether your case is strong enough

Challenging evidence:

A shoplifting attorney will:

• Question the authenticity of videos recorded or named witnesses
• Check whether authorities followed proper procedures during your arrest
• Check for any violation of your rights during the arrest

Negotiating with prosecutors:

A competent shoplifting lawyer improves outcomes by:

• Seeking a plea bargain for reduced penalties or alternative punishments
• Advocating for community service or diversion programs, among other alternative sentencing options

The above efforts may lower a felony charge to a misdemeanor, depending on the circumstances.

Exploring legal defenses:

A shoplifting attorney can use different defense strategies, as follows:

• Argue that there was no intention to shoplift (e.g., absentmindedly leaving the store without paying)
• Claim it was a case of mistaken identity
• Show that you own or have the right to possess the items that authorities allege you stole

First-time offender programs:

If this is your first offense, a criminal defense attorney can argue for your participation in diversion programs that can lead to dismissal on completion.

Mitigating factors:

An attorney can help reduce your charges by introducing mitigating circumstances as follows:

• Highlight gray areas that may have precipitated an arrest
• Emphasize your community involvement or your lack of a criminal record

Technical legal challenges:

An attorney’s support can get you through some of the steps of the legal process that require legal experience or a background in the local courts, as follows:

• Filing motions – Request that the judge exclude evidence obtained illegally
• Contesting constitutionality where applicable;
• Using alternative resolution methods or alternative dispute resolution (ADR) – This may include methods like civil compromise – where the compensation paid to a shop will lead to a withdrawal of the charges

Sentencing advocacy:

You have a legal advocate when you work with an attorney who focuses on shoplifting defenses. A criminal defense lawyer can help by:

• Arguing for minimal punishments or alternative sanctions, if applicable
• Stating mitigating factors so that the sentence is not as harsh.

Expungement assistance

Your lawyer will help clear your criminal record after completing your case if eligible.

Protecting your rights:

An attorney will ensure police and prosecutors respect your legal entitlements throughout the law process. They may direct you what to say or what not to say to law enforcement officials.

Strategic guidance:

A lawyer focusing on shoplifting defenses will advise you on the best course to take based on your situation. Depending on their approach, they will give you an idea of the possible outcomes.

Speak to a Shoplifting Lawyer Now

Have you been charged with shoplifting? If so, you need legal guidance and advice right away. Contact a criminal defense attorney who focuses on shoplifting cases. Make sure you obtain the best possible results. Contact a criminal defense attorney now.