In New York, theft-related crimes range in severity and are often categorized as either petit larcenies or grand larcenies. Larceny refers to crimes that involve intentionally depriving someone of their property. When law enforcement arrests you and accuses you of theft, you could potentially be charged with either a misdemeanor or a felony, depending upon the circumstances and the value of the property taken.
Mike Schillinger understands what being convicted of a theft-related crime can do to you. Besides jail time and fines, you and your family could face the stigma associated with criminal activity. You may also struggle finding a job or housing, as well as lose access to voting, receiving federal student loans, or owning firearms. You deserve another chance and a great defense tailored to your circumstances. As an Astoria theft lawyer, Mike will fight for you.
The short answer is that shoplifting can be classified as either a misdemeanor or a felony, depending upon the amount of property that is being alleged to have been stolen. When charged as a petit larceny, it’s a misdemeanor offense. Under New York Penal Law § 70.15, a Class “A” misdemeanor charge carries potential penalties of up to 364 days in jail, a $1,000.00 fine, or three (3) years of probation. Generally speaking, a person can be charged with a petit larceny if the items alleged to have been stolen are worth $1,000 or less. When the value of the allegedly stolen goods exceeds $1,000, the charge can be elevated to grand larceny, which is a felony charge. In fact, depending upon the type of items that are alleged to have been stolen, (i.e. a credit card, religious artifact, or a firearm), you may potentially see the charges against you elevated to a felony, even if the value of that property is less than $1,000.00. Additionally, getting caught with anti-security devices – like security tag removers – with the intent of using them to shoplift, is a Class “B” misdemeanor. A conviction of a class “B” misdemeanor could mean up to three months in jail and a $500 fine.
Most shoplifting offenses are typically classified as petit larcenies, as long as the value of the merchandise doesn’t exceed $1,000.00. However, what folks don’t always realize is that in addition to potential criminal charges, people accused of shoplifting can also face civil ramifications. Store owners have the ability to pursue civil recourse against adults caught shoplifting or the parents of children caught shoplifting: They could be held responsible for the retail value of the merchandise if it is unsalable when recovered (not to exceed $1,500) and the greater of a $75 fine or five times the retail value (not to exceed $500). A knowledgeable attorney in Astoria like Mike can explain these theft charges in detail to you.
Prosecutors will charge grand larceny, a felony offense, when the value of property taken exceeds $1,000 or when specific kinds of property, such as firearms, are taken. If convicted of grand larceny, a defendant can face prison time and monetary fines of $5,000 or twice what they gained from the theft. By law, repeat offenders must serve extended prison terms. There are four degrees of grand larceny:
Some common ways that prosecutors can charge grand larceny in the fourth degree are when the allegedly stolen property:
Convictions of Grand Larceny in the fourth degree can potentially come with fines, a period of probation, and/or a prison term of up to four (4) years.
Prosecutors charge grand larceny in the third degree when the allegedly stolen property exceeds $3,000 in value or was taken from an automated teller machine (ATM). This Class D non-violent felony can land the accused in prison for up to seven (7) years, facing significant fines and post release supervision time.
Prosecutors can charge grand larceny in the second degree when the allegedly stolen property:
Someone accused of this Class “C” non-violent felony can face up to fifteen (15) years in prison and fines.
Prosecutors can charge this Class B non-violent felony when the allegedly stolen property exceeds $1 million in value. If convicted, the accused can spend up to 25 years in prison and face significant fines.
To convict someone of theft, the prosecution must prove the defendant intended to deprive someone of their property. The defense can argue there was no intent, that the theft was a misunderstanding, that the accused had permission to take the property, or that the defendant was entitled to the property. Mike Schillinger is a zealous Astoria criminal defense lawyer that can help you fight theft charges.
Once prosecutors charge you, they aren’t interested in hearing your side of the story and why it happened. But Mike is. A conviction for any larceny can negatively affect your future, so when you are arrested, you should never give a statement to law enforcement before calling a lawyer.
Call Mike today. He can assess your situation and develop the best defense for your case. When your arrest is a mistake, Mike will explain the situation to the prosecutor and push for a favorable resolution. When there are extenuating circumstances, he will negotiate a reduction of your charges. As an Astoria theft lawyer, Mike will fight for you.
Law office of Michael A. Schillinger, ESQ.
N/a
Copyright ©2024 Law office of Michael A. Schillinger, ESQ., LLC. All rights reserved.
