Theft is a crime in the state of New York. While the crime is known by many names across the country, including larceny, New York law defines theft as taking property that is not yours with the intent to permanently deprive the owner of their possession. When the crime takes place in a commercial setting, it is often referred to as shoplifting. If you are arrested for this offense in the state of New York, a petit larceny defense lawyer can help you fight the charges.
The penalties for shoplifting in New York are quite severe and the crime will show up on any future background checks. For this reason, it is important that you consult with a petit larceny attorney as soon as possible after your arrest.
A petit larceny attorney can use a variety of different strategies to have your charge reduced or dropped. The first is to contest the value of the alleged stolen property. Prosecutors often overvalue the property in order to bring a heavier charge against you. Your petit larceny lawyer can counter this by showing that the item in question was not worth what the prosecution is alleging.
Another defense is to argue that you did not intend to steal the property in the first place. This is particularly effective if you were acting in self-defense or if you believed that the item you took was necessary for survival. Your petty theft attorney can use other defenses as well, depending on the circumstances surrounding your case.
Retail establishments have a vested interest in fighting shoplifting and they are able to put in place sophisticated anti-shoplifting measures. These include security cameras, doorway checkpoints and uniformed and undercover officers. They are also able to sue suspected shoplifters for five times the amount of the merchandise they have stolen.
While these strategies are effective at keeping the number of thefts down, they are not foolproof. Many people still end up charged with a petty theft offense even though the evidence against them is weak. For this reason, it is critical that you work with an experienced petit larceny attorney as soon as possible.
An experienced petty theft lawyer can provide you with the best chance of having your charge dismissed or reduced. A skilled lawyer can make sure that all of the facts and circumstances surrounding your case are carefully examined in light of New York law. Contact us today to schedule your consultation with one of our lawyers.
New York petit larceny, the lowest level theft offense in the state of New York, is classified as a misdemeanor and can carry penalties up to a year in jail. Even though it is considered a minor crime, a conviction can still affect your career, immigration status and future opportunities in life. It is therefore crucial that you hire a New York petit larceny lawyer right away if you are accused of stealing.
In order to be convicted of petit larceny, the prosecution must prove that you had the intent to deprive the owner of property permanently. The value of the stolen property must also be higher than $75, or five times its retail price (with a cap of $500). Agencies that detect and investigate shoplifting charges include local police departments, loss prevention agents at retail stores and other business owners, and private investigators.
When you are suspected of committing petit larceny, store security personnel may ask you to sign a statement or convention if you want to leave the premises. Although they are legally allowed to hold you until the police arrive on the scene, they cannot force you to make a confession under any circumstances. This is because your Miranda rights are not triggered when you are in the custody of loss prevention or security officers.
A NY petit larceny defense attorney can help you avoid or mitigate the impact of a conviction by raising doubts about your intentions. You might be able to show that you were not intending to keep or permanently deprive the property owner of any items and were instead only moving them temporarily.
If you were convicted of petit larceny, your criminal record will contain that conviction for the rest of your life. Your conviction will be available to anyone who conducts a background check and you might be denied employment opportunities, housing, and professional licenses. However, if you are cooperative and forthcoming with the prosecution, we might be able to negotiate a negotiated disposition for you without a conviction of record.
If you have been arrested for Petit larceny or any other type of theft, call our office to speak with a New York criminal attorney immediately.
Larceny is a criminal offense that involves taking possession of property belonging to another person without their consent. This may include money, goods, real estate, computer data, and other materials of value. A person can be charged with either petit or grand larceny depending on the value of the property and the manner in which it was stolen. Grand larceny is considered more egregious and therefore is punished with a greater penalty including prison time. While a conviction for petit larceny does not typically result in a jail sentence, it is still an embarrassing mark on your record.
A New York petit larceny lawyer can help you defend yourself against these accusations. Whether you are being accused of shoplifting or stealing cash or merchandise, a petit larceny conviction can change the course of your life. Not only does a conviction show up on your record, but it also affects future background checks for employment, housing, and loans. If you are accused of petit larceny in New York, it is critical that you do not admit to anything to store personnel and instead immediately contact an experienced criminal defense attorney.
During your consultation, your attorney can review the facts and evidence against you, and then develop an effective strategy for defense. He or she can also help you fight for a reduction of the charge to a lesser offense, such as petty theft. This can be accomplished by presenting proof that you did not steal the item, or by showing that the items were borrowed and returned.
A Petit Theft Conviction Can Impact Your Future
If convicted of petit larceny in New York, you can be sentenced to up to one year in jail. You will also have a criminal record, and you will have to pay fines if found guilty. In addition, the victim of the theft can sue you for up to five times the value of the merchandise that was taken.
You can be arrested if you are caught committing a petit larceny crime in New York, but most cases end with a Desk Appearance Ticket (DAT). A DAT is similar to an arrest, but you are not required to appear in court. If you are stopped in a store and accused of theft, it is crucial that you tell them you want to speak with your NY Petit Larceny Lawyer before you sign any documents. A security guard or an employee may try to convince you that you will be let go if you admit your wrongdoing, but this is illegal.
A New York petit larceny conviction can be sealed under certain circumstances, but you must present a case to the judge. He or she will consider the length of time since the conviction, whether you have been arrested for additional crimes, and other factors. Our firm can make a strong argument on your behalf and can negotiate with the presiding judge to get your case sealed.
Even a first-time offender of petit larceny faces the threat of having to spend up to one year in jail. This will ruin your reputation, and it will be difficult to find employment or obtain a loan. Contact a New York Petit larceny lawyer as soon as possible to discuss your case and come up with an effective plan of attack.
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