A conviction for petit Larceny in New York can result in jail time and fines. It can also negatively affect your future employment and career prospects. If you have been arrested for a theft crime in the State of New York, it is crucial to contact an experienced NY petit larceny attorney as soon as possible. A knowledgeable attorney can develop a strong criminal defense to protect your rights and your reputation.
Petit larceny, or petty theft, is the lowest level of a theft offense in New York, punishable by up to one year in jail and a $1,000 fine. However, this doesn’t mean that it is an insignificant crime. The stigma associated with a petty theft conviction can have significant negative consequences for the rest of your life. Having a criminal record will hinder your pursuit of job opportunities, and can even impact your immigration status.
The term larceny is often used interchangeably with the term “theft,” but in New York, the law defines it as taking any property that belongs to another person without their consent. This can include items such as cash, merchandise, jewelry, electronics or any other item that has a value of less than $1,000. There are several different types of larceny in New York, and the severity of the offense depends on the value of the item taken, the way in which it was taken, and the intention to deprive someone permanently of their property.
An experienced New York Petit Larceny Defense Lawyer can help you fight your case, whether it involves a shoplifting arrest or any other type of larceny. The attorney can review the evidence, file the proper legal paperwork and ensure that the proper procedures are followed in order to have your charges dismissed or reduced.
In addition, a qualified petit larceny defense lawyer can challenge the search of your property by store loss prevention or security personnel. These individuals are not officers of the court, and they don’t have to Mirandize you prior to searching your property. The attorney can also argue that any statements you make can be used against you in court, as Miranda rights don’t apply to private loss prevention or security officers.
Many cases of alleged petit larceny stem from shoplifting. The most common scenario occurs when a person is accused of concealing merchandise in their pocket or bag to remove it from the store. However, there are also instances when the alleged offender is merely moving merchandise within the store to avoid detection by loss prevention or security personnel. This motion to dismiss is usually supported by evidence such as video footage, witnesses and other police testimony.
Theft is one of the most common crimes in New York State. Even the lowest level theft charge, petit larceny, is a serious crime and should be taken seriously by anyone accused of it. A conviction for stealing can have significant and long-lasting negative consequences for you. It could impact your employment opportunities, professional licenses, and immigration status. If you have been charged with petit larceny it is essential that you consult an experienced criminal defense attorney as soon as possible to protect your rights.
Petit larceny is the unlawful taking of property with the intent to deprive the owner permanently. If the value of the property is less than $1,000 it is classified as a class A misdemeanor. Despite being a misdemeanor offense, you still face the possibility of jail time and substantial fines if convicted.
To be charged with petit larceny the police must prove that you knowingly took property without the owner’s consent. The owner’s consent can be implied if you took the property without their knowledge, such as when you take an item that is clearly marked “don’t steal.” However, it is not always that easy to determine whether your actions are within the law.
A lot of times people are charged with stealing when they were unaware that their actions were against the law. It is important to consult an experienced lawyer as soon as possible to discuss your case and to avoid saying anything that could be used against you in court. This is especially true if you were arrested and “processed” instead of being issued a DAT. If you are not able to afford an attorney, the New York City Defender Services Office will provide you with a free legal representation as long as you are eligible.
In many cases, the security guard at a store misinterpreted your behavior and the security cameras may have misread your movements and thought you were going to leave with unpaid merchandise when you were just trying to put something back into your bag. In these situations, the charges of petit larceny are usually dropped.
There are many different ways to defend a larceny case. One of the most popular strategies is to argue that you believed in good faith that you had a right to take the property. This can be a complicated argument to make, and you should consult an experienced attorney as soon as possible.
You should also consider arguing that you did not intend to permanently deprive the owner of the property. The prosecutor will try to prove that you knew that the property did not belong to you and that you intended to keep it for yourself.
Finally, you should explore the possibility of having your petit larceny conviction sealed. The New York law has expanded to allow more convictions to be sealed, but you will need to submit a petition, and it must be approved by a judge.
Thousands of shoplifting cases are filed in New York every year against people of all ages and backgrounds. Sometimes the petit larceny charges are false and other times they stem from a momentary loss of inhibition or poor judgment. However, a petit larceny conviction can stain a person’s record and seriously derail their life. A petit larceny defense attorney should be consulted to review the evidence and develop a strategy for fighting the case.
New York law categorizes larceny offenses by the value of the stolen property. For example, stealing property valued at less than $100 results in a misdemeanor offense known as petit larceny. In contrast, felony grand larceny involves stealing property that is valued at more than $1 million and is punishable by up to 25 years of incarceration. The state also has civil penalties that allow merchants to sue convicted shoplifters for the value of the merchandise stolen from them.
As New York’s shopping capital, it is not surprising that the city experiences an abundance of theft crimes related to retail. Many of the world’s best retailers can be found in New York, and along with the bargain-hunting customers lining up at Bergdorf Goodman or Barney’s, there is crime. The most common types of shoplifting are small thefts, but even a single large item can lead to a serious charge.
The New York state legislature is currently considering several bills designed to address the issue of rampant petit larceny shoplifting, including a bill that would make it a felony to sell stolen items online. The sponsors of this legislation have said that this type of activity makes retail businesses a target for future robberies, and that it contributes to the rising levels of violence against retail workers.
Another proposed measure would create a special felony charge for anyone who repeatedly steals from the same store, with a maximum prison sentence of up to 15 years. This bill is backed by the New York Retailers Association, which has called for tougher enforcement and a crackdown on repeat offenders.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060