Will I Go to Jail for a First Offense Shoplifting?

If you have a shoplifting charge and it’s your first offense, you might wonder whether you will go to jail. This guide discusses what you can expect for a first-time shoplifting charge in New York City.

If you have a shoplifting charge in New York, contact NYC shoplifting lawyer Cody Warner for a free consultation. We can discuss the specifics of your case and develop a strategy to get your charges dropped.

Typical Shoplifting Charges

In New York, the most typical shoplifting charge is Petit Larceny (P.L. 155.25).

Petit Larceny occurs when someone steals 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.

Petit Larceny is a class A misdemeanor with a maximum jail sentence of one year in jail. An experienced NYC criminal defense lawyer can help you beat your petit larceny charge.

If the value of the property stolen was more than $1000, then you may be charged with the felony of grand larceny. The maximum sentences for felony charges are much worse than the sentences for misdemeanors. That said, an experienced lawyer may still be able to get your charges dropped or reduced.

Common Outcomes for First Offense Shoplifting Charges

Most people do not go to jail for a first offense shoplifting charge. In fact, a skilled lawyer can often convince the prosecution to drop the charges for a first offense shoplifter. In other words, you will not get a criminal record and will not go to jail. However, the outcome of any case is dependent on the specifics, so contact a lawyer to get personalized advice.

The prosecution may condition dropping the charges on you participating in a short, hour-long class that is designed to educate people to stay out of trouble.

Even if you have a prior shoplifting arrest, your lawyer may be able to get your charges dismissed pursuant to an adjournment in contemplation of dismissal or a non-criminal offense like disorderly conduct.

Steps to Take When Arrested for Shoplifting

If the police arrested you for a first-time shoplifting offense, they likely released you after a couple of hours and gave you a desk appearance ticket. That ticket orders you to appear in court in several weeks.

The first step you should take is to contact and retain an NYC theft lawyer. That lawyer can contact the prosecution in an effort to get your charges dropped.

Your lawyer may be able to get the charges dropped before your court date. If that happens, then you will not need to appear in court. If the prosecution does not agree to dismiss your case before your court date, then you will need to appear in court. However, it’s still very possible that your lawyer can get the charges dropped at your arraignment.

If you must appear in court, then you will arrive in the morning and wait for your case to be called by the court. Before your case is called, your lawyer will speak with the prosecution to determine what the prosecution is willing to do. Your lawyer will discuss with you what to expect when the court calls your case so that you are prepared.

Need Help?

If you have a first-time shoplifting charge in NYC, contact Cody Warner, P.C. for a free consultation. We can discuss your case and develop a strategy to beat your petit larceny charge.