New York City Shoplifting Lawyer

Shoplifting in New York City is considered a misdemeanor and can result in paying hefty fines, spending up to one year in prison, having a criminal record, and being subject to a civil lawsuit by the company whose goods were stolen. If you have been charged with shoplifting in New York City, contact an experienced New York City shoplifting lawyer.

Let a qualified theft attorney review the details surrounding the incident and determine whether it is possible to have the charges against you dropped or mitigated through a plea bargain.

How Does New York City Define Shoplifting?

Shoplifting is considered petit theft, or petty theft, under New York law – and the definition is very simple and clear. According to New York Penal Law § 155.25, a person is guilty of petit larceny when they steal property.

Petit larceny is generally the theft of property with a value of $1,000 or less – which typically applies to most shoplifting incidents.

As an attorney could explain, New York classifies shoplifting as a class A misdemeanor which can result in paying fines of up to $1,000, spending up to one year in prison, and being subject to probation which can significantly affect freedoms.

Consequences of a Shoplifting Offense

New York City shoplifting convictions can also result in having a criminal record which can affect someone’s ability to rent an apartment, obtain a job, and qualify for financial aid.

An increasing number of landlords, employers, and financial institutions are requiring background checks and a shoplifting conviction will show up for the rest of someone’s life as New York law does not allow shoplifting convictions to be expunged from a criminal record.

Civil Consequences

In addition to facing criminal charges by the state, shoplifting convictions also give stores the right to seek civil damages from shoplifters for the value of the stolen property plus monetary penalties and attorney fees.

Finally, convictions may also affect someone’s immigration status. The bottom line is that shoplifting charges should always be taken seriously. Those facing charges should contact a New York City shoplifting attorney as soon as possible.

Defenses For Shoplifting

There are many defenses to shoplifting such as challenging the alleged shoplifter’s intent to steal an item, casting doubt on what a security guard witnessed, or questioning the validity of video surveillance used to substantiate the charges.

It is also important to keep in mind that first-time offenders may be able to have the charges against them dismissed altogether or mitigated through a plea bargain.

Whatever the case, an experienced New York City shoplifting attorney can fully analyze the situation and determine the best course of action.

Intent

Shoplifting—and all larceny charges—are crimes of intent. In other words, a person should not be found guilty of this offense because of an unintentional act. The state has to prove beyond a reasonable doubt that the accused not only took property from a store, but they did so with the intention of depriving the owner of it without paying.

Mistakes can happen. A shopper could leave an item in their personal shopping bag without remembering to hand it to a cashier. They could even absentmindedly have it in their hands as they exit the store after deciding not to make a purchase at all. These are mistakes, but they are not a crime. It is an attorney’s job to show that is what happened.

Lack of Evidence

When New York pursues shoplifting charges, it can only gain a conviction by proving guilt beyond a reasonable doubt. This is a high burden that prosecutors are not always able to meet.

A simple but effective approach in some situations is to focus on the lack of evidence put on by the state. A shoplifting attorney in New York City could argue that even assuming what the prosecutors have shown is true, it is not enough to convict the accused beyond a reasonable doubt.

Mistaken Identity

In some cases, the police will not successfully catch a shoplifter in the act. Their case will then rely on other types of evidence, including video and witness statements. Unfortunately, this can lead to mistaken identities and the arrest of the wrong person. When someone is charged with a crime they did not commit, they have the opportunity to put on evidence that someone else is responsible. This might involve identifying the actual culprit or proving the accused could not have been present at the time of the alleged theft.

Illegal Search and Seizure

Everyone is protected by certain rights under the United States Constitution. This includes protections against unlawful searches and seizures. The police must have a warrant or permission to search a home or vehicle in most cases. When they conduct illegal searches, any evidence they find can be excluded at trial. This can cut the legs out from under the prosecution’s case.

Duress

A less common defense strategy is duress. With this approach, the defendant argues that they committed an act of shoplifting because they were forced to do so. This might involve threats of violence from a third party pressuring them to commit the crime.

Evidence in a Shoplifting Case

The prosecution will only be able to secure a conviction in a shoplifting case when it has evidence to prove guilt beyond a reasonable doubt. Every case is different, so the evidence offered by the state in some situations might differ from others.

When possible, prosecutors rely on video evidence of the crime as it happens. Having the ability to show a jury an act of shoplifting as it occurs by introducing security camera footage into evidence is invaluable. When video is not available, the strongest proof usually comes in the form of witness testimony. This typically comes from the employee or employees who witnessed the alleged crime take place.

Police often make an arrest only after they find the store property in the possession of the accused. This can be put into evidence and used to show the jury that a purchase was never made. A shoplifting attorney in New York can evaluate the strength of the evidence before going to trial.

Necessity of a New York City Shoplifting Attorney

Penalties for shoplifting convictions in New York City are harsh. However, the penalty that may haunt you for the rest of your life is having a criminal record as New York does not allow shoplifting convictions to be expunged.

If you have been charged with shoplifting in New York City, talk to a lawyer. Let a legal professional review the charges against you, perform a separate investigation to determine whether the prosecution has enough evidence for a conviction, and analyze every legal defense available to you.

In most cases, shoplifters simply make a bad judgment call in the moment without thinking of the very real consequences of their actions. Do not let a temporary lapse in judgment affect the rest of your life. Call today for a free consultation with a New York City shoplifting lawyer to see what options are available to you.