Shoplifting is often a misunderstood crime and many people underestimate the seriousness of stealing. If you have been charged with shoplifting in New York, it’s essential to enlist the help of an experienced Rockland County Shoplifting Attorney who can help protect you from a future burden by imprisonment, overwhelming fines, and a criminal record. Please continue reading to learn when shoplifting is classified as a felony in New York.
When is Shoplifting a Felony in NY?
Under New York law, shoplifting covers various actions. Contrary to popular belief, you can be charged with shoplifting even if you haven’t left the store with a stolen item. Concealing an item on your person, even if you claim you intended to pay for it can lead to arrest, charges, and a shoplifting conviction. This type of theft, also known as larceny, is defined as the wrongful taking, obtaining, or withholding of another person or entity’s property with the intent to deprive them of it. Like in many other states, shoplifting charges are based on the value of the stolen items, meaning the greater the value, the more severe your penalties. The breakdown of shoplifting and theft offenses in New York are as follows:
- Class A misdemeanor: A person can be charged with petite larceny if the property stolen was valued at $1,000 or less. This theft offense is punishable by up to one year in jail and a fine of up to $1,000.
- Class E felony: A person can be charged with grand larceny in the fourth degree if the property stolen was valued between $1,000 and $3,000. This theft offense is punishable by up to four years in prison and a fine of up to $5,000 or double the offender’s gain.
- Class D felony: A person can be charged with grand larceny in the third degree if the property stolen was valued between $3,000 and $50,000. This theft offense is punishable by up to seven years in prison and a fine of up to $5,000 or double the offender’s gain.
- Class C felony: A person can be charged with grand larceny in the second degree if the property stolen was valued between $50,000 and $1 million. This theft offense is punishable by up to 15 years in prison and a fine of up to $5,000 or double the offender’s gain.
- Class B felony: A person can be changed with grand larceny in the first degree if the property stolen was valued at greater than $1 million. This theft offense is punishable by up to 25 years in prison and a fine of up to $5,000 or double the offender’s gain.
As you can see, shoplifting can result in severe consequences that impact your life, career, and future opportunities. It’s important to note that you may be subject to civil liability in addition to criminal charges. New York courts allow merchants to pursue civil lawsuits to recover damages if a defendant’s actions negatively impact them. In most cases, if the property stolen is not retrieved in a re-sellable condition, they can seek the retail value of the merchandise.
At The Law Office of Carl Spector, we are prepared to help you explore every legal avenue to have your charges mitigated, or, even dropped altogether. Connect with our firm today to discuss your case.