How to Beat a Shoplifting Charge

You may be able to beat a shoplifting charge regardless of whether you are guilty or innocent.

If you are innocent, you may have strong defenses that can result in the charges being dismissed. Even if you did steal property, a lawyer may still be able to get your charges dropped.

This guide discusses the common ways that shoplifting charges get dismissed. If you have shoplifting charges in New York City, contact NYC criminal lawyer Cody Warner for a free consultation.

Typical Shoplifting Charges

The specifics of shoplifting charges vary by state. In New York, many theft charges exist, but the most common shoplifting charge is Petit Larceny (P.L. 155.25). A person commits Petit Larceny when the steal property.

A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

If the value of the stolen property is over a certain threshold, you may be charged with grand larceny. For instance, in New York, if the stolen property is over $1000, you can be charged with Grand Larceny in the Fourth Degree. Grand larceny is a felony charge that can result in a prison sentence. New York also has more serious degrees of grand larceny if the value of the property goes over higher thresholds.

Defenses to Shoplifting Charges

You may have a strong “no intent to deprive” defense if the prosecution cannot prove that you intended to steal the property. For instance, let’s you are at a self-checkout kiosk at a grocery store. You scan and pay for all the items except for one item. You tried to scan that one item and thought you scanned it, but it didn’t register. As you exit the store you are stopped by a store employee and arrested for not paying for that one item. In this scenario, you have a strong defense that you didn’t intend to steal the property—it was an honest mistake.

You may have a strong “didn’t take the property” defense if you never left the store. Some department stores in New York City with multiple levels have cash registers on each floor. You may have selected items on one level and then taken an escalator to continue shopping on a different floor. An overzealous security guard could stop you and allege that you stole the property because you didn’t pay at the cash register even though you never left the store. In this case, you have a strong defense that you never even took the property away from the store.

Every case is unique, and you may have multiple defenses. An experienced shoplifting lawyer can evaluate your case to determine the best defenses.

Common Outcomes

If you have a strong defense, then your lawyer can likely get the prosecution to drop the charges.

Even if you are guilty, a good lawyer can usually help you beat your shoplifting charge. Your outcome is very dependent on the value of the property and whether you were previously arrested.

If the value of the property is low and you do not have a criminal record, an experienced lawyer can likely, in NYC at least, get your charges dismissed or get the prosecution to offer an Adjournment in Contemplation of Dismissal (ACD). You are unlikely to go to jail first a first time shoplifting offense.

Need Help?

If you are facing shoplifting charges in New York City, contact Cody Warner, P.C. for a free consultation. We know how to beat shoplifting charges and can get you the best possible outcome.