Facing a shoplifting charge might seem minor to some. But if you’re in this situation, you’re probably thinking about it day and night. You might fear the worst, certain that you’re going to jail. But the New York shoplifting attorneys with Cohen & Bernstein, LLC are ready to fight for your rights.
Our team of New York shoplifting attorneys have a great deal of experience helping clients in similar situations. While we won’t make any promises, we will guarantee we’ll work tenaciously to ensure you receive fair treatment.
Our attorneys will try to get your charges dropped or your penalties reduced. Don’t hesitate to get in touch with us. You can call (888) 872-2898 or contact us online to learn more about how we can help.
Schedule a Free Initial Consultation Today!
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Why Choose Our New York Shoplifting Attorneys?
When you work with Cohen & Bernstein, LLC, you’ll work with a team of skilled New York shoplifting attorneys. We’ll pursue every avenue to achieve the best possible resolution to your case. You can call on us for advice and updates throughout the duration of your case.
It’s very easy to get to our office. Our address is 3681 Woodbridge Lane North in Wantagh, near the intersection of Wantagh Avenue and Hunt Road. We’re close to the Thurman Munson Memorial Field.
New York Shoplifting Laws
Shoplifting is a common crime in the state of New York. There were almost 52,000 shoplifting incidents in New York City alone in one recent year.
Most shoplifting crimes involve theft of something valued at $1,000 or less. These crimes fall under the category of petit larceny in New York, a misdemeanor. If convicted, you face as much as a year in jail and a fine of up to $1,000.
The conviction will stay on your criminal record for the rest of your life. However, there is a chance you can ask for the state to seal the conviction. You’ll be eligible after ten years if you have no more than one felony and one misdemeanor conviction or no more than two misdemeanors.
Only law enforcement officers and qualified agencies will see your convictions once you apply and the court approves your request.
Penalties for Shoplifting in New York
Again, most shoplifting offenses fall under the petit larceny category mentioned above. But there are instances where the law considers shoplifting to be grand larceny, which carries much more severe penalties. The punishment depends on the amount stolen.
The following is a brief look at those punishments.
- Fourth-degree grand larceny (theft of between $1,000 and $3,000) – Up to four years in jail and a fine of up to $5,000 or double the amount the offender gained from committing the crime, whichever is more.
- Third-degree grand larceny (theft of between $3,000 and $5,000) – Up to seven years in jail (the same fine applies).
- Second-degree grand larceny (theft of between $50,000 and $1 million) – Up to 15 years in jail (the same fine applies).
- First-degree grand larceny (theft of $1 million or more) – Up to 25 years in jail (the same fine applies).
How Our New York Shoplifting Attorneys Can Help
Even if you’re facing a petit larceny charge, the penalties can be steep. As you can see, they get even worse. But just because officers have charged you with a crime doesn’t mean you’re guilty or that you’ll face the worst punishment.
The New York shoplifting attorneys with Cohen & Bernstein employ many different defense strategies. These are some examples that might apply to your case.
Lack of Intent
One of the primary elements the prosecution must prove in a shoplifting case is intent. Your New York shoplifting attorneys may argue you didn’t intend to steal the merchandise but mistakenly walked out of the store with it due to distraction, forgetfulness, or confusion.
For example, you may have absentmindedly placed items in your bag while juggling multiple tasks or caring for young children without the intention to steal.
Mistaken Identity
In some cases, mistaken identity may be a viable defense strategy. Your lawyers may argue that you weren’t the person who committed the alleged shoplifting offense. This defense may be particularly effective in situations where surveillance footage is of poor quality or where eyewitness testimony is unreliable.
Lack of Evidence
There’s a chance your New York shoplifting attorneys may challenge the quality of the evidence the prosecution presented. They may argue that there’s not enough evidence to prove beyond a reasonable doubt that you committed the crime.
Your lawyers, for instance, can question the reliability of witness testimony, the accuracy of surveillance footage, or the chain of custody of the alleged stolen merchandise.
Unlawful Search and Seizure
If law enforcement officers conducted an unlawful search or seizure to obtain evidence of shoplifting, your defense team may file a motion to suppress the evidence.
For example, suppose store employees or security personnel detained you without reasonable suspicion or probable cause. In that case, the court may deem any evidence obtained due to the unlawful detention inadmissible.
Entrapment
If law enforcement officers or store employees induced or coerced you into committing the act of shoplifting, your New York shoplifting attorneys may raise the defense of entrapment.
Entrapment occurs when law enforcement officers or agents encourage individuals to commit crimes they wouldn’t have otherwise committed. This defense may be effective in sting operations or cases involving undercover officers posing as store employees.
Plea Negotiation
In some cases, trying to convince the prosecution to accept a plea bargain may be the best defense strategy. Your lawyers may negotiate to secure a favorable plea deal, such as reducing the charges or recommending leniency in sentencing.
This approach may be appropriate when the evidence against you is strong, and the likelihood of a successful trial outcome is uncertain.
Find Out More By Contacting a New York Shoplifting Lawyer from Cohen & Bernstein, LLC
If you want more information on how we can help defend you, contact the New York State criminal defense attorneys with Cohen & Bernstein, LLC online or call (888) 872-2898.
Schedule a Free Initial Consultation Today!
Cohen & Bernstein, LLC – Wantagh Office
3681 Woodbridge Lane North
Wantagh, NY 11793
Ph: (888) 872-2898