A shoplifting charge may seem minor at first glance–after all, it’s not armed robbery or a violent crime–but the truth is, shoplifting is taken very seriously on Long Island. Depending on the value of the items allegedly stolen, a shoplifting conviction can carry significant legal consequences that may affect your freedom, finances, and future. Please continue reading and reach out to a knowledgeable and dedicated Nassau County theft lawyer from The R.M.L. Law Firm, PLLC, to learn more about the penalties for shoplifting in New York and how our firm can help you fight them. Here are some of the questions you may have:
What Exactly Is Considered Shoplifting in New York?
While you might think of shoplifting as simply “stealing from a store,” New York State law refers to this offense more broadly as larceny. Shoplifting is essentially a form of theft, and it occurs when someone takes merchandise from a retail store without paying for it, with the intent to deprive the owner of its value. But it doesn’t stop there. Switching price tags, concealing items with the intent to steal them, or walking out with merchandise you didn’t pay for–all of this can be charged as larceny.
Under the law, the severity of the charge depends on the value of the property taken. That’s what ultimately determines whether you’re looking at a misdemeanor or a felony.
What Are the Potential Charges and Penalties for Shoplifting?
The consequences of a shoplifting charge vary depending on how much was allegedly stolen, but a brief overview of the potential penalties you may face is as follows:
- Petit Larceny (NY Penal Law § 155.25): If the value of the stolen merchandise is $1,000 or less, the charge is a Class A misdemeanor. This can result in up to one year in jail, probation, fines, and community service.
- Grand Larceny in the Fourth Degree (NY Penal Law § 155.30): If the value exceeds $1,000, it becomes a Class E felony. Conviction can carry a sentence of up to four years in prison.
- Grand Larceny in the Third Degree (NY Penal Law § 155.35): For theft over $3,000, this is a Class D felony, with penalties that can include up to seven years in prison.
- Grand Larceny in the Second or First Degree: If the value is extremely high (over $50,000 or $1 million, respectively), you could be facing a Class C or Class B felony, both of which carry serious prison time.
Types of Shoplifting
Shoplifting cases don’t always look the same. It can be as simple as grabbing an item and running or as planned as a team effort involving multiple people. Below are some of the most common methods:
- Grab-and-Go Theft: This is the quickest type of shoplifting—someone picks up an item and heads straight for the exit. To stop this, stores often keep expensive items far from the doors or locked behind glass.
- Hiding Items (Concealment): In this method, someone hides merchandise in a shopping bag, backpack, pocket, or under clothing. It’s hard to catch unless a store employee sees it happen or a security alarm goes off.
- Tag Switching: This happens when someone takes the price tag from a cheaper item and sticks it on a more expensive one. Sometimes, they’ll put a low-price tag on an untagged item to pay less at checkout.
- Booster Bags: These are shopping bags lined with materials that block security tags from triggering alarms. Some people even use bags that look like they’re from the store, making them harder to spot.
- Group Theft: This involves a group of people working together. While one or two distract the staff, others steal items.
- Inside Help at Checkout: In some cases, an employee helps by not scanning certain items during checkout. The person walks out without paying, and it looks like a normal transaction.
Can a Criminal Defense Lawyer Really Help with a Shoplifting Charge?
Absolutely. In fact, having a skilled Nassau County criminal defense attorney in your corner can make a world of difference. An experienced criminal lawyer may be able to get your Long Island shoplifting charges reduced, negotiate a plea deal, or even seek to have your case dismissed entirely, depending on the circumstances. For first-time offenders, diversion programs or alternative sentencing may be an option, but those avenues are much harder to access without legal representation.
Don’t wait until it’s too late. If police charge you with shoplifting from a big box store like Walmart or Target, or from a department store at Roosevelt Field Mall like Macy’s or Nordstrom, contact a knowledgeable Nassau County criminal defense lawyer right away. Taking action early gives you the best chance to protect your record and your future.
Contact The R.M.L. Law Firm for comprehensive legal representation today.