If you’ve been accused of shoplifting in New York, you are likely worried about the consequences you’ll face if convicted of this offense. Shoplifting is generally prosecuted as petit larceny or another theft-related offense, depending on the unique circumstances of the incident. The consequences for a shoplifting charge can vary significantly based on the value of the property involved and other aggravating factors. Please continue reading to learn whether jail time is a possible consequence of shoplifting in New York and how our skilled Suffolk County Theft Crime Lawyers can help shield you from an uncertain future. 

What Is Considered Shoplifting in New York? 

First and foremost, it’s crucial to understand that shoplifting in New York is defined as petit larceny, occurring when an individual takes merchandise from a retail store without providing the legally required compensation. This essentially involves physically removing items from the store premises without rendering proper payment. The key intent that must be established is the intent to permanently deprive the owner of their property. 

Action sthat may be considered shoplifting include:

  • Concealing merchandise
  • Price tampering (switching price tags for less than their full retail value)
  • Under-ringing (intentionally failing to scan items at self-checkout stations or conspiring with a cashier to omit items during the checkout process). 
  • Packaging fraud (transferring an item from its original packaging for a lower price). 
  • Unauthorized consumption 
  • Removal of store property 
  • Fraduluent returns
  • Use of de-tagging devices (devices used to remove or deactivate anti-theft security tags). 

What Are the Potential Penalties? 

If you’ve been accused of shoplifting in New York, it’s crucial to understand the serious repercussions you can face upon conviction. Larceny charges in New York are determined by the value of the property stolen. Penalties for larceny are structured as follows: 

  • If the property stolen was valued at $1,000 or less, it will be classified as petit larceny, which is a Class A misdemeanor. This crime is punishable by a fine of up to $1,000 and up to one year behind bars. 
  • If the property stolen was valued between $1,000 and $3,000, it will be classified as grand larceny in the fourth degree, which is a Class E felony. This crime is punishable by a fine of up to $5,000 and up to four years behind bars. 
  • If the property stolen was valued between $3,000 and $50,000, it will be classified as grand larceny in the third degree, which is a Class D felony. This crime is punishable by substantial fines and up to 7 years behind bars. 
  • If the property stolen was valued between $50,000 and $1 million, it will be classified as grand larceny in the second degree, which is a Class C felony. This crime can result in overwhelming fines and up to 15 years behind bars. 
  • If the property stolen was valued over $1 million, it will be classified as grand larceny in the first degree, which is a Class B felony. This crime can result in up to 25 years behind bars. 

If you’ve been accused of shoplifting in New York, don’t navigate this difficult time alone. Contact Castro & Trodden, LLC, to discuss your situation. Our legal team is prepared to help you fight these charges and protect your rights.