Can You Be Charged with a Crime for Shoplifting in New York?

By max@dotcomlawyermarketing.com
July 8, 2024
6 min read
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Can You Be Charged with a Crime for Shoplifting in New York?

CONGRATULATIONS! You've found yourself in a sticky situation and are wondering if that impulsive decision to pocket that shiny new gadget could land you in hot water. Well, buckle up, because we're about to take a deep dive into the world of New York shoplifting laws.At Spodek Law Group, we've seen it all when it comes to shoplifting cases. From the nervous first-time offender to the seasoned pro, we've helped countless clients navigate the treacherous waters of New York's criminal justice system. And let me tell you, it's not a journey you want to take alone.

What Exactly is Shoplifting in New York?

You might think shoplifting is as simple as walking out of a store with unpaid merchandise tucked under your arm. But oh boy, is it more complicated than that! In New York, shoplifting falls under the broader category of larceny, which is defined as wrongfully taking, obtaining, or withholding property from its rightful owner with the intent to deprive them of it.Here's the kicker: you don't even need to leave the store to be charged with shoplifting. That's right, folks. Simply concealing an item with the intent to steal it can be enough to land you in hot water. So think twice before you "accidentally" slip that lipstick into your pocket!Let's break it down further:
  • Petit Larceny: This is your garden-variety shoplifting charge for items valued at $1,000 or less. It's a Class A misdemeanor, but don't let that fool you - it can still pack a punch.
  • Grand Larceny: If you're feeling ambitious and go for items worth more than $1,000, you're looking at a felony charge. And trust us, that's not a club you want to join.

The Consequences: More Than Just a Slap on the Wrist

Now, you might be thinking, "It's just a little shoplifting. How bad could it be?" Well, let me tell you, it can be pretty darn bad. We're not just talking about a stern talking-to from your parents here.For petit larceny, you could be facing:
  • Up to 1 year in jail
  • A fine of up to $1,000
  • A permanent criminal record (yep, that follows you around like a bad smell)
And if you've graduated to grand larceny? Hold onto your hats:
  • Up to 4 years in prison for fourth-degree grand larceny
  • Up to 7 years for third-degree
  • Up to 15 years for second-degree
  • And a whopping 25 years for first-degree grand larceny
But wait, there's more! (And not in a good way.) You could also be slapped with civil penalties. That means the store you tried to steal from can sue you for damages. We're talking up to five times the retail value of the merchandise, plus a penalty of up to $500. Ouch!

Defenses: Fighting Back Against Shoplifting Charges

Now, don't lose hope just yet. At Spodek Law Group, we've got a few tricks up our sleeves when it comes to defending shoplifting charges. Here are some common defenses we might use:
  1. Lack of Intent: Maybe you genuinely forgot to pay for that item. It happens to the best of us!
  2. Mistaken Identity: Those security cameras aren't always as reliable as stores would like to think.
  3. Ownership or Right to Possession: Perhaps you actually owned the item or had permission to take it.
  4. Entrapment: In rare cases, we might argue that law enforcement or store security induced you to commit a crime you wouldn't have otherwise committed.
  5. Mental Illness or Incapacity: If you weren't in your right mind at the time of the incident, that could be a valid defense.
Remember, every case is unique. That's why it's crucial to have an experienced New York shoplifting lawyer on your side. We'll analyze every detail of your case to build the strongest possible defense.

The Shoplifting Process: From Arrest to Arraignment

So, you've been caught red-handed. What happens next? Let's walk through the process:
  1. Detention: Store security will likely detain you and call the police.
  2. Arrest: The police will arrive and may place you under arrest.
  3. Booking: You'll be taken to the police station for processing.
  4. Desk Appearance Ticket (DAT): For minor offenses, you might be issued a DAT, which tells you when to appear in court.
  5. Arraignment: This is your first court appearance, where you'll hear the charges against you and enter a plea.
It's a scary process, but remember, you don't have to go through it alone. At Spodek Law Group, we're here to guide you every step of the way.

Why Choose Spodek Law Group?

Look, we get it. Choosing a lawyer is a big decision. But when you're facing shoplifting charges in New York, you need the best of the best. And that's exactly what you'll get with Spodek Law Group.We're not just any law firm. We're one of the premier law firms in the country. If you're on our website - it's because you're looking for the best. And you've found it.Our team of experienced New York shoplifting lawyers has seen it all. We know every trick in the book when it comes to defending shoplifting charges. And we're not afraid to go toe-to-toe with prosecutors to get the best possible outcome for our clients.But don't just take our word for it. Here's what one of our clients had to say:"I was terrified when I got caught shoplifting. I thought my life was over. But Spodek Law Group turned everything around. They fought for me every step of the way and got my charges reduced. I can't thank them enough!" - Sarah T., New York City

The Bottom Line

So, can you be charged with a crime for shoplifting in New York? Absolutely. But with the right legal team on your side, you don't have to face those charges alone.At Spodek Law Group, we're more than just lawyers. We're your advocates, your defenders, and your partners in this fight. We understand the stress and anxiety that come with shoplifting charges, and we're here to shoulder that burden with you.Don't let a moment of poor judgment define the rest of your life. If you're facing shoplifting charges in New York, don't wait. Call Spodek Law Group today at 212-300-5196. Let us put our experience, our knowledge, and our passion to work for you.Remember, when it comes to your future, you can't afford to settle for second best. Choose Spodek Law Group. Because when we're on your side, you're never alone.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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