NYC Shoplifting Lawyer

Although shoplifting is a crime, an NYC shoplifting lawyer may be able to get your charges dropped, even if you are guilty.

Your outcome depends on the specifics of your case, so if you are facing shoplifting charges in New York City, contact Cody Warner, P.C. for a free consultation. We can discuss the facts of your case and develop a defense strategy to get you the best possible outcome.

Typical Shoplifting Charges

If the police arrested you for shoplifting in New York, you are probably charged with the theft charge of Petit Larceny (P.L. 155.25) or Grand Larceny in the Fourth Degree (P.L. 155.30). Shoplifting arrests are especially common in big department stores like Macy’s, Target, Sephora, Neiman Marcus, Bergdorf Goodman, and other stores that have comprehensive security systems.

Petit Larceny is a misdemeanor crime that can result in up to one year in jail. Fortunately, with the right lawyer, you can likely avoid any jail time for a Petit Larceny charge, even if you are guilty.

Grand Larceny is a felony crime that is charged in varying degrees, depending on the value of the property stolen. Grand Larceny in the Fourth Degree (P.L. 155.30)—the lowest level and most charged form of Grand Larceny—is charged when the value of the stolen property is over $1000 but under $3000. A Grand Larceny charge can result in years of prison time, although an experienced lawyer can likely help you avoid jail time, especially if the value of the stolen property is less than five figures.

Common Defenses an NYC Shoplifting Lawyer Can Argue

You may have a solid defense to your shoplifting charge. Although you might be able to get your charges dropped even without a strong defense, your chances of dismissal are certainly better with a solid defense.

Before getting into the common defenses, it’s helpful to define Petit Larceny, the shoplifting charge in New York.

A person commits Petit Larceny when they steal property.

Under New York Law, a person steals property 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.

Although New York law provides a few other ways that a person can steal property, for shoplifting cases the relevant definition of “steal” is the one listed in the paragraph above.

Depending on the facts of your case, you may have a winning defense.

Forgotten Merchandise Defense

If you used a self-checkout and paid for most of your items but an item in your possession was mistakenly not scanned, you may have a strong defense that you did not intend to steal the property.

This defense may apply even in stores without self-checkouts. For instance, if you were using a shopping cart and placed an item at the bottom that you forgot about when you checked out (and the store clerk didn’t see), you may have an argument that you didn’t intend to steal the property.

Of course, if you are on video entering a dressing room with an item and then you are caught with the item stuffed in your bag, you will not have a strong forgotten merchandise defense. As is true in any case, the specific facts matter and will affect your outcome.

Didn’t Leave the Store Defense

Some stores have cash registers that are not immediately in front of the exit, and the stores may have items for sale that are past the cash registers. An all-too-eager store security officer may think that you are leaving the store without paying and apprehend you, but you were simply still browsing through the store.

Some department stores have multiple floors with cash registers on each floor. Oftentimes those stores request that you pay on the floor where you selected the item. It’s not uncommon for store security to accuse a person of shoplifting because they left a floor without paying, when in reality the customer intended to pay on a lower floor. In this situation the customer would have a strong defense that he or she did not intend to steal.

Valuation Defense

Used in grand larceny cases, the valuation defense argues that the value of the stolen property is not what the store claims. This defense is more available when the store sells used items. For instance, a consignment store may have an expensive, used designer purse for sale, and they say that its value is $1,200, but it has sat on the shelves for years unsold, and the market price for similar purses is $800. In that situation, even if the defendant stole the property, he or she may have a strong argument that the theft was petit larceny, not grand larceny, since the value of the property was not actually over $1000.

Common Outcomes for Shoplifting Charges

Fortunately, even if you are guilty of shoplifting, your NYC shoplifting lawyer may be able to get your charges dropped.

If you have never been arrested before, your lawyer may be able to convince the district attorney’s office to drop the charges. This outcome is more likely if you are charged with petit larceny instead of grand larceny. That said, your lawyer may still be able to get a grand larceny charge dropped.

If you have a documented record of shoplifting, your chances of getting your charges dropped are lower. However, your lawyer may still be able to get your charges reduced if your case has procedural issues or you have an arguable defense.

What to Expect When Hiring an NYC Shoplifting Lawyer

If you have a Desk Appearance Ticket (DAT) in New York City, you should first select an NYC criminal lawyer whom you want to represent you.

Your lawyer will learn about your case and advise you on what sort of outcome to expect for your shoplifting arrest. He can contact the District Attorney’s Office before your court date in an effort to get your charges dropped.

At your first court appearance, if your lawyer obtains a straight dismissal or adjournment in contemplation of dismissal (ACD), then your case is over. Your case will be dismissed and sealed, and therefore no public record of your arrest or criminal case will exist.

If the prosecution is unwilling to drop your charges at your first court date, then the judge will adjourn your case. After your case is adjourned, your lawyer will conduct further legal research, investigations, and negotiations with the prosecution. It’s rare for a case to go to trial, so most likely your lawyer will be able to favorably resolve your case without you going to trial.

Need Help? Contact an NYC Shoplifting Lawyer Today

If you are charged with shoplifting in New York City, contact Cody Warner, P.C. for a free consultation. We can discuss your case and determine the best strategy to get your charges dropped as soon as possible.