New York Penal Code 155.25: Petit larceny

While petit larceny is a less serious crime than grand larceny, it is still a crime and punishable by law. Shoplifting is classified as petit larceny if the value of the stolen goods is less than $1,000. Shoplifting is a major problem for most retail stores and for consumers as well. The cost of goods lost to shoplifters gets shifted to the consumer through higher prices. New York penal code 155.25 addresses the problem of petit larceny. It is important to understand what the penal code says and what the potential consequences are to anyone who is charged with a violation of petit larceny.

Penal Code 155.25 Explained

Basically, a person is guilty of petit larceny when he steals property with a value under $1,000. This is a class “A” misdemeanor and could potentially carry a sentence of up to 1 year in jail. The value of the property will determine how severe the consequences are. However, even if there is no jail time involved, a person convicted of petit larceny could have a record that would follow them throughout their life and make finding a job more difficult.

In addition to the criminal charges, there could be potential civil penalties as well. In New York, a victim can sue for up to five times the value of the items that were stolen. Retailers take shoplifting very seriously and have taken extraordinary measures to try to prevent it. When someone is caught shoplifting, most retailers have a strict prosecution policy regardless of the amount involved.

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Legal Scenario: What Would You Do?

Scenario

You were stopped by a loss prevention officer at a department store after allegedly placing a $75 pair of sunglasses in your bag without paying. The police were called and you were issued a desk appearance ticket charging you under New York Penal Law 155.25 for petit larceny.

What penalties am I facing for a petit larceny charge over a $75 item, and is there any way to avoid a criminal record?

Attorney's Answer

Under New York Penal Law 155.25, petit larceny is a Class A misdemeanor, which carries a maximum sentence of up to one year in jail and a fine of up to $1,000. For a first offense involving a relatively low-value item, your attorney may be able to negotiate an adjournment in contemplation of dismissal (ACD), which would result in the charge being sealed and dismissed after six months if you stay out of trouble. 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 spare you from having a misdemeanor on your record. It is critical that you take this charge seriously and not assume it will simply go away, because a petit larceny conviction stays on your criminal record permanently in New York and can affect employment, housing, and immigration status.

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

Examples of Petit Larceny