NewsApril 11, 20240 comments

What Are the Penalties for Shoplifting in NY?

It’s natural to want to know the penalties for shoplifting in NY. However, it’s just as essential to know the importance of hiring an experienced lawyer as soon as possible. The following is information on the consequences you may face and how a New York criminal defense attorney can help.

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How New York Law Defines Shoplifting

Under New York law, shoplifting covers various actions, including concealing merchandise, altering or removing price tags, switching labels, and attempting to leave a store without paying for items. The intent to deprive the merchant of the value of the merchandise must occur for the act to constitute shoplifting.

The severity of the offense and the corresponding penalties depend on the value of the merchandise stolen. In New York, shoplifting is typically classified as petit larceny if the value of the stolen property is less than $1,000. Petit larceny is a misdemeanor offense punishable by fines, community service, and potential imprisonment for up to one year.

However, if the value of the stolen property exceeds $1,000, you may face a charge of grand larceny, which is a felony. Grand larceny carries more severe penalties, including substantial fines and potential imprisonment for more than one year. For example, the law considers first-degree grand larceny a Class B felony, punishable by up to 25 years in prison. Class B grand larceny involves stealing property valued at $1 million or more.

In addition to criminal penalties, people convicted of shoplifting in New York may also face civil consequences. Merchants have the right to pursue civil remedies, such as demanding restitution for the value of the stolen merchandise and seeking damages for any losses incurred due to the theft.

More Information on The Differences Between Petit and Grand Larceny

In New York, larceny is the unlawful taking of property from another person with the intent to deprive them of possession permanently. The severity of a larceny charge depends on the value of the stolen property and the circumstances surrounding the offense. The main differences between petit larceny and grand larceny lie in the value of the stolen property and the potential penalties upon conviction.

Petit larceny, also known as petty theft, occurs when the value of the stolen property is below a certain threshold. Again, the law sets the threshold for petit larceny at $1,000. If the value of the stolen property is less than $1,000, the offense is classified as petit larceny.

New York law distinguishes between various degrees of grand larceny based on the value of the stolen property and how the theft occurred. The penalties for grand larceny increase with the severity of the offense, with higher degrees of grand larceny carrying harsher consequences upon conviction. Here’s a brief look at the different degrees and their punishments.

First-degree grand larceny (theft of property valued at $1 million or more): Class B felony/ a maximum of 25 years in jail
Second-degree grand larceny (theft of property valued at $50,000 or more): Class C felony/ a maximum of 15 years in jail.
Third-degree grand larceny (theft of property valued at $3,000 or more): Class D felony/ a maximum of seven years in jail.
Fourth-degree grand larceny (theft of property valued at $1,000 or more): Class E felony/ a maximum of four years in jail.

Why Hiring a NY Criminal Defense Lawyer ASAP is Critical

Facing a shoplifting charge in New York can have serious consequences, making hiring a New York criminal defense attorney immediately imperative. Here’s why:

Legal experience: Shoplifting charges involve complex legal issues and procedures. An experienced defense attorney understands the nuances of New York’s criminal laws and can navigate the legal process effectively.
Protection of rights: You have legal rights law enforcement officials must uphold upon arrest. A defense lawyer will always protect your rights, including during police questioning and court appearances.
Reduction of penalties: Shoplifting convictions can result in significant penalties, including fines, community service, and even imprisonment. An attorney can work to reduce these penalties by negotiating with the prosecution to reduce your charges. They may also negotiate different sentencing options.

Defense Strategies Your Attorney May Use

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Your attorney will thoroughly examine your case to determine the best defense for your specific situation. These are a few potential defense strategies they may use:

Lack of Intent

Shoplifting requires proof of intent to permanently deprive the merchant of the stolen property. If you accidentally walked out of the store with unpaid merchandise or forgot to pay for an item, you may argue that there was no intent to steal.

Mistaken Identity

If you can provide evidence that you weren’t present at the store at the time of the alleged theft or that someone else committed the offense, this may serve as a defense.

A Coerced Confession

If law enforcement obtained a confession through coercion, duress, or other improper means, it may be possible to challenge the admissibility of the confession in court.

Insufficient Evidence

The prosecution in your case has the burden of proving your guilt – and doing so beyond a reasonable doubt. If there is insufficient evidence to support the shoplifting charge, your attorney may argue for dismissal of the case.

Illegal Search and Seizure

If law enforcement officers conducted an illegal search or seizure in violation of your Fourth Amendment rights, the court can suppress any evidence obtained.

Civil Recovery

Some retailers pursue civil recovery for shoplifting incidents rather than criminal charges. If you agree to pay restitution for the value of the stolen merchandise, the retailer may drop criminal charges.

Speak With a New York Criminal Defense Attorney to Protect Your Rights

Lindsay Bernstein, Esq. | Attorney for DUI defense in Clifton, NJ — Lindsay Bernstein, Esq, New York Criminal Defense Lawyer

As you can see, the penalties for shoplifting in NY can be severe. Mounting a successful defense against a shoplifting charge requires a thorough analysis of the facts and circumstances of your case. Consulting with a skilled attorney who can assess potential defenses and fight for your rights is crucial to achieving the best possible outcome for your case.

Please don’t hesitate to contact a lawyer. If you’re facing a felony charge, a criminal defense attorney can work to avoid a life-altering jail sentence.