Misdemeanors are relatively minor, nonviolent crimes. Jeremys past experiences in working with the DA and his knowledge of the legal process was instrumental in getting my charge of unlawful surveillance dismissed. $25 worth of stuff from. A Class "A" misdemeanor, Petit Larceny, pursuant to New York Penal Law 155.25, is punishable by up to one year in jail. a penalty not to exceed $75 or five times the retail price (with a cap of $500), whichever is greater. We serve the following localities: New York, Manhattan, New York County, The Bronx, Bronx County, Brooklyn, Kings County, Queens, Queens County, Staten Island, Richmond County, Greenburgh, New Rochelle, White Plains, Yonkers, Westchester County, Rockland County, Putnam County, Dutchess County, Orange County, and the Hudson Valley. In criminal law, property is broadly defined and can be categorized as movable or immovable. I really appreciate your concern. That is to say, petty larceny is a small theft, and grand larceny is the theft of a larger or bigger amount of money or goods. While the majority of first offender petit larceny cases in the courts of New York do not result in jail time, any admission of guilt can have a permanent impact on an individual's future. Whenever the police may have committed an illegal search, you can file a motion to suppress the evidence that the police wrongfully took. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, obtaining property by false pretenses or false promises, the property consists of a credit or debit card, the property is taken from the person of another or obtained by extortion using threats to harm another's reputation or business, the property is a firearm, rifle, or shotgun, or, the retail price of the merchandise, if not returned in a sellable condition, in an amount not to exceed $1,500, plus. Moreover, some of these attorneys may have dozens of other cases on that day. Below are some examples of the penalties a juvenile shoplifter might face. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. He told me to come to the precinct for a desk appearance ticket for court. The lawyer handling our case had many years of experience and treated us as if we were his own family. The main difference lies in the value of the property taken. Our most popular destinations for legal help are below. If you're smart, really, really smart; and you're silent, you might just see this sordid event implode right before your very eyes. advice, does not constitute a lawyer referral service, and no attorney-client or I'm just so nervous about this because this is my first time in a situation like this. Law 165.40. New York Theft Policy US Legal Forms provides an extensive online library of state-specific forms. If you don't have a good lawyer to represent you in court, you can expect a criminal record, and one that is a crime of moreal turpitude, meaning you can forget about any meaningful job opportunities for the next decade of your life. Furthermore, you will also face more serious criminal possession of stolen property charges. However, the unlawful entry onto property with the intention of committing any crime . During your arraignment the prosecutor will read the charge or charges against you, and the judge will let you know whether or not you have to post bail. New York Petit Larceny Sentencing Guidelines | NY Crime Defense Lawyer. In these cases, the value of the property will determine the degree associated with the charge: You might also be charged with Criminal Possession of Stolen Property in the Fourth or Third Degrees pursuant to New York Penal Law sections 165.45 and 165.50 respectively. If a mistake, fight it. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. All information available on our site is available on an "AS-IS" basis. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Now if this is, as you say, your 1st offense, then it is unlikely that any judge will sentence you to jail. You will face this charge if the value of the property is $1,000 or less. From Manhattan to Brooklyn and Queens to the Bronx, if you are arrested or given a Desk Appearance Ticket, the charges you will likely face include the misdemeanors or felonies of: Petit Larceny (NY PL 155.25) and Criminal Possession of Stolen Property in the Fifth Degree (NY PL 165.40) are both A misdemeanors punishable by up to on year in jail. The judge will look at several factors, including the length of time since your last conviction, whether you have been arrested, charged or convicted of additional crimes since your petit larceny conviction, and whether you have taken steps to improve your life since your conviction. According to the Penal Code, the maximum punishment for this offense is 180 days in county jail and a $1,000 fine. If you are charged with grand larceny, you may also be charged with felony criminal possession stolen property. A Class E felony punishable by up to four years in jail. The Act further states that a first-time offender can complete a period of probation that would allow the individual to have a charge dismissed without a conviction being entered. Under the New York Penal Law, Section 155.25, a person is guilty of Petit Larceny when he/she steals property. Penal Law 70.00, 70.06, 70.10, 70.15, 80.00, 80.05, 155.00, 155.05, 155.25, 155.30, 155.35, 155.40, 155.42 (2022).). It depends on what county you are in and what programs, if any, they have for 1st time theft cases. Keep in mind that some defenses may need implementation at the time you first see the judge. If the value of the property is $1,000 or less, the likely charge will be Petit Larceny. If you or someone you know is arrested for petit larceny you should consult an attorney immediately. If you've been charged with larceny or a related offense, such as embezzlement or shoplifting, contact a local criminal defense attorney as soon as possible. ATTENTION: COVID-19 Update: We are still taking cases please call for a phone consultation! However, theft from a person could be treated as grand larceny, even if the item was of little value. It may be that there is a legal or factual defense. The crime of fourth-degree grand larceny covers several different types of theftthe most common of which involve stolen property when: Fourth-degree grand larceny constitutes a class E felony, whereby a guilty party can receive a sentence of up to four years' imprisonment and a fine. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. People guilty of the crime can face county jail time of up to six months. How Long Do I Have to Appeal a Conviction in Georgia? Thank you. But the defense will likely fail if a prosecutor can discredit this evidence. In depth information on shoplifting crimes, statutes and laws is located on Saland Law's New York Criminal Lawyer Blog and its shoplifting crime section. Community Service or Public Work Service Community service can be performed by volunteering at any non-profit organization. However, ultimately your sentence will depend on a variety factors. Unfortunately, yes. Retail Fraud / Shoplifting: What to Expect if You're Charged With Petty Larceny; Once you surpass this amount, the plea offers become less forgiving, even if not criminal in nature. with intent to deprive another of property or to appropriate the same to himself or toa third person, he wrongfully takes, obtains or withholds such propertyfrom an owner thereof.. The 5 best defenses to a petty larceny charge are to show that: Most states say that you commit the crime if: Note that the criminal laws of a state will set forth the dollar amount ceiling for petty theft charges. It depends on which court this is in, but if you hire an attorney, you won't have to appear in court and your attorney can negotiate a plea bargain to get the larceny charge reduced to a lesser offense, such as "Littering. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. What Does That Mean. However, sealing is not automatic. If you are a first time offender it is unlikely that you will go to jail. While state larceny and theft laws can vary, theft statutes are often split into petty theft and grand theft. Again, the choice is yours to make. Now if this is, as you say, your 1st offense, then it is unlikely that any judge will sentence you to jail. It is not a substitute for professional legal assistance. Legal Help for Criminal Charges - Retail Fraud / Shoplifting: New York I was charged with petit larceny after I stole approx. Yes. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of shoplifting and other types of theft. Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. N.Y. This distinction is significant as the possible sentence that you will receive if convicted has the potential to be significantly more severe if you are convicted of grand larceny rather than petit larceny. I was stopped by a supervisor for stealing a can of off spray, The cops stopped me and ask to check my bags. The process usually takes about 3-4 hours and the defendant is never actually put into a jail cell. You are ordered to violate no laws, minor traffic violations excluded. It is extremely important to attend your arraignment at the date and time specified on your ticket. If an individual has not violated a condition of probation, a court can dismiss the proceedings against him or her and discharge the person from probation. Public Work Service is performed through the County Probation Department and usually involves picking up trash along the side of the freeway. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Like many states, New York shoplifting laws provide for both criminal and civil penalties. It can also include verbal abuse such as using threats, foul language or racial slurs. For further information on New York shoplifting arrests, Desk Appearance Tickets and related criminal laws, please review the New York Criminal Lawyer Blog. listings on the site are paid attorney advertisements. 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