Shoplifting charges
In today's economic climate, both small and large retail stores are employing Loss Prevention Associates to mitigate their potential losses associated with shoplifting. Both Macy's and Sephora are known to employ such Loss Prevention Associates to guard against shoplifting. The expense associated with hiring these plain clothes associates is ultimately borne by the consumer, in the form of higher prices. Further, these retailers are well known to prosecute these cases to the fullest extent allowed by law.
Shoplifting can take many forms; but at the end of the day, it's shoplifting. Concealing items, moving items to different racks in the store, or changing tags may all ultimately be deemed shoplifting. The legal term for shoplifting is larceny and when the dollar amount of the item or items in question is relatively low, the District Attorney usually charges the alleged shoplifter with a
larceny misdemeanor, also known as petit larceny (pronounced "petty" larceny). In New York, if the dollar amount of the items alleged to have been stolen is $1,000.00 or more, the District Attorney will likely charge the individual with grand larceny, which can range from a Class E Felony to a Class C Felony, and may be punishable from four to fifteen years in jail, depending on a myriad of factors.
Petit Larceny is a Class A Misdemeanor, PL 155.25, and carries a potential jail term of up to one year, if convicted. It is common to see an individual charged with petit larceny also charged with Criminal Possession of Stolen Property, PL 165.40, also a Misdemeanor in NY.
I have recently been successful is obtaining favorable pre-trial dispositions for clients of mine charged with shoplifting, also known as petit larceny, which is pronounced petty larceny. Where the dollar amount in question is relatively small, it is not uncommon to obtain a plea bargain to disorderly conduct, which is a violation and not a crime, which may involve
restitution. In some instances an ACD can be achieved in a first arrest situation, where the dollar amount of the goods alleged to have been stolen is relatively low.
If you have been charged with shoplifting, you should immediately contact a shoplifting defense lawyer to protect your rights. If you are found guilty, or plea guilty to a
misdemeanor, you will have a criminal record, and NY does not allow for expungements.