NYC Petit Larceny Lawyer
Petit Larceny and Shoplifting Defense Lawyer in New York
Stealing money or property from another is a criminal offense in New York as it is in all jurisdictions. How severely the laws of New York treat the theft of money or property depends upon whether the items were taken from the person of another, the amount of money in question, the type of items involved, and the value of such items. In any case, if you’re facing theft charges in New York it’s likely that you will need an NYC petit larceny lawyer or NYC grand larceny lawyer to represent you.
“Petit larceny” is a misdemeanor crime that involves the theft of property with a value of less than $1000 dollars. The most common example of petit larceny is shoplifting charges involving an accusation that a person tried and came close to or successfully stole property from a retail store or other premises and that the value of the property was less than dollars. Thousands of petit larceny arrests take place each year in New York City based upon the claims of security or loss prevention employees that a person was intent on leaving the store without paying for the merchandise. Often the person detained by store personnel will be told that so long as they admit to their wrongdoing the police would not be contacted — only to find themselves arrested and charged by the police. And unless properly represented by an NYC petit larceny lawyer, a person facing petit larceny charges in New York may face significant consequences including fines, a jail sentence, and loss of employment opportunities and licenses.
If you are facing petit larceny or shoplifting charges in New York, you need to be properly represented by a Manhattan petit larceny lawyer who has successfully fought off thousands of these cases over the years. One who knows the ways out of such theft charges and how to preserve his clients’ clean criminal records. NYC petit larceny attorney Fred Sosinsky will aggressively defend you against these theft charges. Call Fred today to discuss your case.
Petit Larceny or Shoplifting Charges in New York
Petit Larceny is a Class A misdemeanor punishable by up to one year in jail. A person may be charged with this offense when he or she steals property. Stealing property is defined under New York law as follows: with the intent to deprive another of property or to appropriate the same to themselves or to a third party, he or she takes, obtains, or withholds such property from an owner thereof.
As can be seen, the value of the property stolen is not an element of this crime. Thus, even if the item is wrongfully taken has a minimal value or the act involves only a few dollars, the crime of petit larceny may still be established. And unless the value of the item stolen is in excess of $1,000 or was taken from someone’s person, the crime remains limited to a misdemeanor.
Usually, when individuals are arrested and charged with petit larceny or shoplifting, rather than fully processing an arrest and holding the accused for an appearance before a judge, the police will issue them a “Desk Appearance Ticket” or “DAT” requiring the accused to appear in court on a date in the near future. But whether a DAT is issued or not, the case in criminal court is equally a serious matter.
Defense to Petit Larceny Charges in New York
There are several potential defenses to accusations of petit larceny or shoplifting charges in New York. One is that the person did not intend to keep or permanently deprive the owner of the items in question. The prosecution must prove beyond a reasonable doubt that the accused had the conscious objective to steal the item or funds from their rightful owner. If doubts can be raised about one’s intentions including that one may have planned to return the item to its owner, a successful defense may be crafted.
Second, often store detectives will make unreasonable assumptions about a person’s intentions when holding or storing an item in their hands or bags while shopping in a retail establishment. They may “jump the gun” and detain a person even though the individual fully intended to and had the means to make payment for the items in question.
Third, unless the attempted theft was clearly recorded on video, there may be problems for the prosecutor in proving what occurred. This is so even in those cases where security personnel contend that the accused confessed their guilt to them. Skillful questioning of loss prevention personnel often leads to casting doubts upon what they have said or written.
In any case, an experienced NYC petit larceny lawyer will be able to best guide you throughout the legal process and build your defense based on your specific legal scenario. If you’re facing petit larceny charges in New York, contact Fred Sosinsky right away.
Contact An NYC Petit Larceny Lawyer Today
If you have been arrested and facing petit larceny charges in New York, you will want to have Fred Sosinsky, a skillful NYC petit larceny attorney to go to work for you. Before you do anything else, give Fred a call now.