Manhattan Petit Larceny Lawyers

Petit larceny is a white collar crime that involves stealing as per New York’s Penal Law 155.05, which is about larceny in general. It is a lesser crime than grand larceny. If a person has stolen property that values less than $1,000, they are charged with petit larceny per the New York Penal Law 155.25. Usually, this type of crime applies to a person who has shoplifted items from stores. However, stores suffer a great deal of financial loss as a result of shoplifting and install security cameras and security tags in doorways to catch people in the act. If a person is caught shoplifting, they can face not only criminal but civil action as well. Anyone who has been charged with petit larceny or any other type of theft should immediately get in touch with a skilled Manhattan criminal defense lawyer.

Security Guard Authority and Limitations

It is not unusual for retail stores to have plainclothes security officers situated throughout the premises to be on the lookout for suspected shoplifters. That means people would not immediately recognize them as being a security guard. If someone tries to steal merchandise, the guard has a right to stop or detain them to investigate the situation. At the same time, security guards are required to act reasonably. In other words, the guard cannot detain a person suspected of shoplifting for too long a time. They can contact the police and make the individual wait until the officers arrive.

Stores also are not permitted to use excessive force to keep someone, such as with the use of handcuffs. The security guard can pat a person down to check for stolen merchandise on their person, however. Excessive force can also include threats, racial slurs and other bad, offensive language.

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Legal Scenario: What Would You Do?

Scenario

You were stopped by loss prevention at a Manhattan department store after allegedly placing a $200 pair of sunglasses in your bag without paying. The police arrived and charged you with petit larceny under New York Penal Law § 155.25.

What are the potential consequences of a petit larceny charge, and is there any way to avoid a criminal record?

Attorney's Answer

Petit larceny under New York Penal Law § 155.25 is a Class A misdemeanor, carrying up to one year in jail and a fine of up to $1,000. For a first-time offender, your attorney may be able to negotiate an Adjournment in Contemplation of Dismissal (ACD) under Criminal Procedure Law § 170.55, which would result in the charge being dismissed and sealed after six months. In some cases, we can argue for a reduction to a non-criminal violation such as disorderly conduct under Penal Law § 240.20, which would keep a misdemeanor conviction off your record entirely. Every case depends on the specific facts and your prior history, so it is critical to have experienced counsel reviewing the evidence and negotiating with the Manhattan District Attorney's office on your behalf.

This is general information only. Contact us for advice specific to your situation.

Store Tactics and Your Rights