What To Do If Caught Shoplifting

If you were caught shoplifting, you may be able to get the charges dropped.

This guide discusses what you can expect in court if your were caught shoplifting.

If you are facing shoplifting charges in New York City, contact NYC criminal theft lawyer Cody Warner for a free consultation. We can discuss your case to determine the best path forward.

Common Shoplifting Charges in New York

The most common shoplifting charge in New York is Petit Larceny (P.L. 155.25). A person commits Petit Larceny when he or she steals 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.

Petit Larceny is a Class A misdemeanor, which is a crime. Therefore, if you are convicted of Petit Larceny, you will have a criminal record. The maximum sentence you can receive for a Petit Larceny conviction is one year in jail.

If you stole more than $1000, then the prosecution can charge you with the felony of grand larceny. Grand larceny is charged is different degrees, and the more valuable the stolen property is, the more likely you will face higher degrees of grand larceny. Since grand larceny is a felony, if you are convicted you can face many years in prison.

Legal Defenses if Caught Shoplifting

If you are facing shoplifting charges, you may have certain defenses that can result in your case getting dismissed.

Some common defenses include:

No Intent to Permanently Deprive

To shoplift, you must intend to permanently deprive the owner of the property. In some situations, you may have taken property but intended to return it. For instance, let’s say the property was taken from a rental property place. You tell the owner you would return the property, but you get arrested before you return it. You may have a defense that you did not intend to permanently deprive the owner of the property.

Ownership

When people dispute who owns property, tensions can run high, and a person may call the police. In such a case, if you have proof that you are the actual owner of the property, then of course you have an excellent defense that you did not steal property.

Didn’t Steal

In some stores, security guards falsely arrest customers before they even leave the store. Depending on the specifics of the case, you may have a strong argument that the facts don’t support the conclusion that you stole.

Typical Shoplifting Case Outcomes

If you are facing shoplifting charges, the most important factors for your case are the value of the stolen property and your criminal history.

If the value of the property you stole is over a thousand dollars, then you will face felony charges. Felony charges are very serious and can take time to resolve with a good outcome.

If you are charged with the misdemeanor of Petit Larceny, then you hopefully quickly resolve your case. If you don’t already have a criminal record, your lawyer may be able to get your charges reduced or completely dismissed.

Need Help?

If you are facing shoplifting charges in NYC, contact Cody Warner, P.C. for a free consultation. We can discuss your charges and determine the best path forward.