If you or someone you know has been charged with a shoplifting crime in the state of New York, there are certain basic concepts that you should be familiar with as your case moves forward.
A shoplifting crime can also be known as theft or larceny. The prosecutor could change this to a commercial burglary charge if, for example, evidence was found that you used special tools to disarm sensors or to open packages. This is important to know because all burglary charges come with felony penalties.
The table below shows the different charges and penalties for larceny charges. Note the differences in charge class, type of incarceration, and financial penalties between petit larceny and grand larceny:
|Charge Type||Charge Class||Value of Items Taken||Possible Jail or Prison Time||Fines|
|Petit larceny||Class A misdemeanor||Up to $1000||Up to one year in jail||A fine of up to $1000|
|Fourth degree grand larceny||Class E felony||From $1000 to $3000||Up to four years in prison||A fine not to exceed $5000 or 2x the offender’s gain from the shoplifting, whichever is greater|
|Third degree grand larceny||Class D felony||From $3000 to $5000||Up to seven years in prison|
|Second degree grand larceny||Class C felony||From $50000 to
|Up to 15 years in prison|
|First degree grand larceny||Class B felony||$1 million +||Up to 25 years in prison|
Whether you’ve been charged with petit or grand larceny, you may also be facing some civil liability to the merchant, who can file a separate civil suit against you for the merchandise’s retail value. You may refer to New York General Obligations Law § 11-105 for further details.
A shoplifting or other type of theft charge is one to be taken seriously, whether it is a misdemeanor or a felony. To have a better understanding of how to proceed in your theft or larceny case, please contact an experienced criminal defense attorney as soon as possible.