Shoplifting Attorneys in New York, NY

As shoplifting attorney in New York, NY, we can help defend you in a shoplifting charge to ensure you get the best possible outcome, given the unique circumstances of your case.

What is Considered Shoplifting?

Shoplifting is generally described as the unlawful taking of property and merchandise in a retail establishment without paying for it.

If the value of the stolen property is less than $1000, shoplifting is charged as petit larceny which is a class A misdemeanor in New York. A class A misdemeanor can result in up to one year in jail, fines, and other penalties.

If the value of the stolen property is greater than $1000, the shoplifter will be charged with grand larceny. Grand larceny is a felony and the felony class depends on the value of the property shoplifted.

-       Fourth Degree Grand Larceny (E felony) - $1001 to $3000

-       Third Degree Grand Larceny (D felony) - $3000 to $50,000

Because the value of the stolen property is important in determining the type of charge and the penalty involved, the value can be a contentious issue in the defense of shoplifting.

In New York, there are several things are considered shoplifting, aside from the simple taking of property. Examples include:

Concealing Merchandise

The most common method of shoplifting is taking merchandise from the store and hiding it in your bag or person with the intent to leave the store without paying for it.

Altering Labels or Price Tags

When you change the price tag or label to pay less than the actual price of the item, it can also be considered shoplifting. This is common in grocery stores where the shopper is given the discretion to weigh the item (such as a fruit) and print the label corresponding to that particular item. When the shopper prints a label that is different from the item to be purchased with the intent to pay less, this swapping of price tags is considered shoplifting.

Switching Packaging

When the shopper transfers the item from its original packaging into another packaging of a cheaper item in order to pay less than the actual price, this is considered shoplifting.

False Returns

When the shopper attempts to return at item for a refund or store credit that was not actually purchased from the store, it is considered shoplifting.

What to Do if You Have Been Detained for Shoplifting

When you have been detained for shoplifting, observe the following tips and ensure that you are legally represented by a shoplifting attorney to ensure that you are successful in defeating the charge.

Stay calm and cooperate with store personnel. Provide your identification, if requested, but do not make or sign any admissions or confessions.

Remember that store personnel are not allowed to use unreasonable force against you. This means they cannot unreasonably detain you nor handcuff you, unless you have given them a reason that shows you are going to be disruptive. This is why it is important for you to stay calm, not doing any act of aggression that could aggravate the situation. Still, you have to remember not to make admissions or confessions, especially written ones.

When the police arrive, they will either arrest you or give you a desk appearance ticket (DAT). If this is your first time to be allegedly caught shoplifting, you will be given a DAT, which would inform you when you should appear in court. Although a DAT may seem minor, you must take this seriously and immediately consult with shoplifting attorney who can represent you. A shoplifting conviction can affect your ability to obtain employment, ability to gain or the suspension of a professional license, eligibility for federal loans, and the loss of immigration status, to name a few.

When looking for an attorney, be clear about the legal fees and legal strategies given your case. An experienced shoplifting attorney can employ a variety of legal defenses and strategies, depending on the unique circumstances of your case.

Possible Defenses to Shoplifting in New York

If you are accused of shoplifting, your shoplifting attorney can raise some defenses, depending on the specific circumstances of your situation. Below are some defenses which may or may not be applicable. Your shoplifting attorney will know which defenses can be used after an evaluation of your case.

Lack of Intent

Shoplifting requires the intent to take the merchandise and deprive the store owner of its merchandise without paying for it or paying less for it.

New York courts have adopted the “wholly inconsistent standard” in determining whether shoplifting has been committed. The “wholly inconsistent standard” requests the court to determine whether the actions of the alleged shoplifter is inconsistent with the owner’s continued rights.

For example, did the alleged shoplifter conceal goods under his clothing or in a container? Even if the alleged shoplifter has not yet exited the store, this act of concealing the merchandise in his body or in a container may be construed as shoplifting.

Other unusual behavior may be considered indicative of shoplifting, such as abandoning one’s clothing in exchange for the concealed goods, the alleged shoplifter’s proximity to the exit, and whether the cashier’s area has been bypassed without paying. Also relevant is whether the alleged shoplifter was in possession of a shoplifting device such as a hook detacher that unlocks security tags or “sensormatic jammers” and “RF-impulse shielding fabrics” that block security devices from determining whether merchandise was taken.

Any one or combination of these factors may be significant in determining whether the alleged shoplifter had intent to deprive the storeowner of the value of his merchandise.

Mistake

Mistake is a valid defense against shoplifting. Mistake occurs when the merchandise was accidentally taken or the alleged shoplifter believed that he paid for the merchandise.

For example, when the shopper paid for everything except one thing which was left in the cart, even if the shopper put all the paid groceries in the cart and exited the store with the cart in order to load the groceries in the car, there can be a defense of mistake because the shopper had no intention to leave the retail establishment without paying for that particular item.

Consent

At times, you might be under the impression that you had the retail establishment’s consent to take the merchandise without paying for it. For example, if you thought the merchandise was part of the free samples being handed out in the grocery store, you may have defense against shoplifting under consent. In practice, however, consent is not often used as a defense in shoplifting.

Duress or coercion

Duress or coercion is a legal defense available in all criminal cases. When you have been forced to shoplift by someone else and under a physical or moral compulsion to do so under threat of force, you may have a valid defense against the charge of shoplifting.

For example, if you were forced to shoplift by someone who was holding a gun to your head or a knife at your back or who threatened to kill your family, you could claim duress or coercion.

Unlawful search and seizure

Unlawful search and seizure is a constitutional defense which can only be used against government officials, such as the police. If evidence was obtained by the government through an unlawful search or seizure, that evidence is inadmissible in court.

Violation of Miranda Rights

If the police extorted a confession or admission from you under custodial investigation without reading you your Miranda rights, that confession or admission is inadmissible in court. Your guilt in shoplifting must be proven using evidence that excludes the illegally obtained confession or admission.

Plea Bargaining Options in a Shoplifting Charge

Your plea-bargaining options will depend on a few considerations, such as the strength or weakness of the prosecution’s evidence, whether you are a first-time offender, and the value of the shoplifted item, to name of few.

Your possible options in plea bargaining are: Adjournment in Contemplation of Dismissal (ACD), reduction of charge from misdemeanor to violation, reduction of charge from a class A to class B misdemeanor, reduction of charge from felony to misdemeanor, or even felony/misdemeanor to ACD.

Adjournment in Contemplation of Dismissal

An Adjournment in Contemplation of Dismissal (ACD) is provided for under New York Criminal Procedure Law § 170.55. An ACD adjourns the action without a date, but usually within 6 to 12 months, the shoplifting charge will be dismissed if you fulfill certain conditions, such as community service, staying out of trouble, etc.

An ACD does not appear in your criminal record, and an arrest that resulted to ACD can be sealed, usually after 6 months. An ACD is your best option if you have been arrested for shoplifting.

Usually, the prosecutors will offer ACD and some form of public community service when the value of merchandise shoplifted was $100 or less and the accused does not have any previous criminal record. However, some shoplifting defense attorneys may be able to get an ACD even if the property taken was more than $100.

Reduction of Charges

Prosecutors will usually bargain for a reduction of charges, especially when evidence is weak or it is your first time to commit a crime and it doesn’t make sense for the prosecutor to go through trial on a minor offense.

Reduction of charge can be from a misdemeanor to a violation (disorderly conduct), from a class A misdemeanor (petit larceny) to class B misdemeanor (attempted petit larceny or attempted criminal possession of stolen property in the fifth degree), or from felony to misdemeanor (grand larceny to petit larceny).

Shoplifting guidelines will provide for the following plea-bargaining options:

Value of Merchandise is $100 or less

If the value of the merchandise shoplifted was $100 or less, prosecutors will offer Adjournment in Contemplation of Dismissal and some form of public community service. There will be no criminal conviction, the case will be dismissed, and the records will be sealed in six months.

Value of Merchandise is $101 to $500

If the value of the merchandise shoplifted is between $101 to $500, the prosecutors may offer a Disorderly Conduct violation (a non-criminal violation that will not give you a criminal record). You must discuss with your shoplifting attorney whether taking this option is feasible because even if the records of the violation are sealed, it is possible that a background check for security clearance might cause the reappearance of the arrest record.

Value of Merchandise is $500 to $1000

If the value of the merchandise shoplifted is between $500 to $1000, prosecutors may offer a lower level misdemeanor such as attempted petit larceny or attempted criminal possession of stolen property in the fifth degree, which are “B” misdemeanors.

Value of Merchandise is More Than $1000

If the value of the merchandise shoplifted is above $1000, you may be charged for a felony, but this could be reduced to a misdemeanor.

Despite the existence of these guidelines, shoplifting defense attorneys have successfully negotiated felonies to misdemeanors, violations and ACDs, depending on the unique circumstances of each case. If are being accused of shoplifting, you need to consult with a shoplifting defense attorney immediately. You need to have your legal defense and strategy in place at the earliest possible time because a conviction in shoplifting can cause you have to have a criminal record, loss of immigration status (if applicable), failure to obtain employment, failure to be eligible for federal aid, and suspension or loss of a professional license.Should you need legal representation in shoplifting, the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].