New York Petit Larceny Defenses

Petit larceny is criminal charge that is typically applied to shoplifting cases. Shoplifting is a serious problem. Each year shoplifting causes billions of dollars in losses to the retail industry. As a result, retailers are often aggressive in trying to apprehend customers suspected of shoplifting. In addition to using technology such as sensor tags and video cameras, retailers also employ security guards to try to stop suspected shoplifters. However, stores do not always get it right. In many cases customers who have not shoplifted or who do not have the intention of shoplifting are stopped, detained and arrested. Not only is this embarrassing and inconvenient, it can also result in you being wrongfully prosecuted and convicted. Thus, if you are accused of shoplifting, it is important for you to immediately contact a New York Petit Larceny Defenses Lawyer who has the knowledge to mount an aggressive defense to shoplifting charges.

• Petit Larceny
• Petit Larceny Sentencing Guidelines
• Petit Larceny and Security Guards
• Petit Larceny Defenses
• Shoplifting
• Shoplifting from Century 21
• Shoplifting from Macy’s
• Shoplifting from Sephora
• Shoplifting from Kohl’s
• Shoplifting from J.C. Penney
• Shoplifting from Target
• Shoplifting from Wal-Mart

If a security guard has suspected that you have shoplifted the guard will try to get you to confess. The security guard will say things to you that may or may not be true in order to lead you to believe that you have no choice but to sign a confession. One tactic is that the security guard will tell you that you will not be able to leave until you sign a confession. The guard may also tell you if you sign a confession the store will not call the police. If you were with a friend when you were detained, the security guard will likely separate the two of you and then tell you that your friend already confessed. The security guard may also say that they caught you on videotape shoplifting. The best course of action is to not sign a confession as anything that you say, write or sign can later be used against you. The store cannot detain for an unreasonably long time. They are permitted to hold you until the police arrive, and they must not delay in calling the police.

Security guards who stop suspected shoplifters sometimes get it wrong and the customer has not shoplifted at all. Thus, there are often valid defenses to a shoplifting charge. For example, if you are confronted inside the store, you may have a valid defense to a shoplifting charge. In order to shoplift you must take merchandise from the store without paying for it. If you never leave the store with unpaid for merchandise, then you may have a valid defense against a shoplifting charge.

Another defense to a shoplifting charge is lack of intent. The New York Penal Code defines larceny as taking the property of another with the intent to deprive another of property or appropriate the property to yourself. N.Y. Pen. Law § 155.05. This means that if by mistake you walk out of a store without paying for an item, a shoplifting charge may not be warranted. For example, if you are talking on your cell phone while holding unpaid for merchandise and move just outside the store entrance to get a better signal, you may have a credible argument that you did not intend to steal the merchandise. You were simply distracted by the phone call. Or if you absentmindedly walk out of a store with unpaid for merchandise in your hand and then quickly go back to the store to return the item, you have not shoplifted.

If you are with a friend who did indeed shoplift, the store security guard may assume that you also shoplifted. However, if you did not personally take anything or help your friend take merchandise, then you have not shoplifted and should not be charged.

There are also instances in which while it may have appeared that you slipped something into your pocket or into your handbag, you did not. There are a variety of reasons that while holding merchandise you may also stick your hand in your pocket, shopping bag or handbag. You may be reaching for a phone, a shopping list, a pen, or your wallet. While it may appear that you slipped merchandise in your bag, if you did not, a charge of petty larceny is not warranted.

Petty larceny is the charge that you are likely to face if you are accused of shoplifting. Petty larceny is stealing property that has a value that is $1,000 or less. N.Y. Pen. Law § 155.25. It is a Class A misdemeanor with a possible penalty of up to 1 year in jail. However, if the value of the items you are accused of stealing is more than $1,000 you will face a felony charge of grand larceny. The prosecutor will seek to charge you with grand larceny if possible as it is a more serious crime. To do this, the prosecutor will try to assess the highest value to the property you are accused of stealing. A defense to a grand larceny in the fourth degree charge is that the value of the property is $1,000 or less.

If you are accused of petit larceny instead of arresting you and immediately taking you into custody, the police has the discretion to instead issue you a Desk Appearance Ticket (DAT). This is likely to happen if you have no prior criminal record. The DAT will note the date and time that you must show up in court for your arraignment. If you do not show up, the judge will issue a warrant for your arrest. At the arraignment you will be formally charged. Even though the DAT may reference only the charge of petit larceny, at your arraignment the prosecutor may charge you with additional crimes such as criminal possession of stolen property.

The consequences for being convicted of petit larceny may include not just serving up to a year in prison. You will also face probation and restitution. Under New York law if you are convicted of shoplifting you may be required to pay the retailer up to 5 times the value of the merchandise taken. Furthermore, you will have a criminal record that will make it challenging to find a job. Nowadays most employers conduct background checks on applicants. If the employer finds that you have a criminal record that includes theft, the employer may be hesitant to hire you.

If you have been accused of petit larceny, shoplifting, grand larceny or any other theft crime, it is important to seek legal guidance right away as there are a number of defenses to such a charge. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of shoplifting and other types of theft. Furthermore, we have also represented clients accused of other misdemeanors and felonies such as drug possession, DWI, rape, domestic violence, robbery, embezzlement, forgery, credit card fraud, and kidnapping. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.