Buffalo, NY Shoplifting Charges: Potential Penalties and Defense

Shoplifting Charges in Buffalo, NY: Potential Penalties and Legal Defense

Penalties for Shoplifting Convictions in Buffalo

The penalties you face for a shoplifting conviction will depend on the specifics of your case. Factors include:

• Value of merchandise taken
• Prior criminal record
• Age
• Cooperation

Even a petit larceny misdemeanor conviction can negatively impact your life. You may face:

• Jail time
• Fines and court costs
• Probation
• Community service
• Permanent criminal record

A felony conviction leads to more severe consequences including lengthier incarceration and greater difficulties finding employment and housing.

Prosecutors sometimes offer plea bargains in shoplifting cases to avoid the time and expense of a trial. Common pleas include:

• Plead guilty to disorderly conduct violation instead of larceny misdemeanor
• Plead to reduced charge of petit larceny instead of felony

An experienced Buffalo shoplifting defense attorney can advise you on plea negotiations and trial strategy to help minimize penalties. Do not take any plea deal before exploring your options.

Shoplifting Defense Strategies

Skilled criminal defense lawyers use various strategies to fight shoplifting charges, such as:

Unlawful Search or Detention

Another defense strategy focuses on improper actions by store personnel or police, such as:

• You were detained without probable cause
• Evidence was obtained via an unlawful search
• Your Miranda rights were violated during interrogation

Suppressing illegally obtained evidence can sometimes lead to dismissal of charges.

Mental Health Defenses

Mental health issues may provide a legal defense in some shoplifting cases, such as:

• You have kleptomania (impulse control disorder involving stealing)
• You were having a manic episode at the time of the incident

Treatment may be ordered in lieu of incarceration if a mental health defense succeeds.

Civil Demand for Shoplifting

Large retailers frequently send a civil demand letter requiring payment of $200 to $500 as “damages” related to shoplifting incidents, even if formal charges are not filed.

You are not legally required to pay such civil demands and they cannot be enforced in court. However, failure to pay may lead retailers to pursue criminal charges. Consult an attorney before responding.

Frequently Asked Questions

What should I do if detained for shoplifting in Buffalo?

• Remain polite and cooperative but do not admit guilt or sign any statements.
• Ask if you are free to leave. If so, immediately leave the store.
• If told you are not free to leave, state you will not answer questions without a lawyer.
• Do not resist store security or police, but follow legal advice if arrested.

Will a shoplifting charge appear on my record?

A shoplifting conviction will result in a permanent criminal record. However, if charges are dismissed or reduced to a non-criminal violation through a plea bargain, you may be able to avoid a record. An attorney can help negotiate the best resolution.

Can I be charged if I did not leave the store?

Under New York law, concealing merchandise is sufficient evidence for a petit larceny charge, even if you did not leave the store. An intent to steal the items can be inferred from the circumstances.

What if I have a drug addiction that contributed to the shoplifting?

Addiction and substance abuse issues may qualify you for pretrial diversion programs or alternative sentencing involving treatment. This can potentially avoid jail time. Discuss options with your lawyer.

Can minors be charged with shoplifting in Buffalo?

Yes. Minors as young as age 7 can be arrested and charged with theft. However, New York law generally keeps juvenile records confidential.