Potential Shoplifting Charges
One of the first things an accused shoplifter asks their New York City criminal defense lawyer is what are the crime or crimes they are charged with on their shoplifting Desk Appearance Ticket. The second follow up question is what is the potential punishment. Additionally, an accused shoplifter may ask whether the charge on the Desk Appearance Ticket for shoplifting is a misdemeanor crime or a felony and can prosecutors charge more than what appears on the ticket.
From Manhattan to Queens and Brooklyn to the Bronx - or anywhere in the metropolitan New York City area - if you are arrested and given a D.A.T. for shoplifting you will likely face the charge of Petit Larceny (New York Penal Law 155.25) or Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40). The misdemeanor crimes of Petit Larceny (sometimes called "Petty Larceny") and Criminal Possession of Stolen Property in the Fifth Degree are "hands down" the most common crimes charged on a New York shoplifting Desk Appearance Ticket or arrest. Unfortunately for accused shoplifters, prosecutors can bring more serious charges, even felonies, depending on certain factors.
Moreover, merely because your Desk Appearance Ticket sets forth only one charge, it does not mean prosecutors are limited to that crime. In fact, prosecutors can bring multiple charges not drafted on the D.A.T. Ticket or even raise the level of the crime before you see the judge at your arraignment. These shoplifting crimes can include:
- Petit Larceny (NY PL 155.25)
- Grand Larceny in the Fourth Degree (NY PL 155.30)
- Grand Larceny in the Third Degree (NY PL 155.35)
- Criminal Possession of Stolen Property in the Fifth Degree (NY PL 165.40)
- Criminal Possession of Stolen Property in the Fourth Degree (NY PL 165.45)
- Criminal Possession of Stolen Property in the Third Degree (NY PL 165.50)
Again, just because the New York shoplifting Desk Appearance Ticket only charges you with the crime of Petit Larceny (New York Penal Law 155.25) or Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40), it does not mean that when you go to court for the first time the complaint against you will be limited to that offense.
Before you go into court alone, consult with an experienced New York criminal lawyer versed not only in shoplifting charges and Desk Appearance Tickets, but the entire criminal process. The former Manhattan prosecutors and New York criminal defense attorneys at Crotty Saland, PC have the practical experience and knowledge to set forth what we believe will be your best defense to protect your rights, career and future.
Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors about misdemeanor shoplifting crimes.
In depth information on shoplifting crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its shoplifting crime section.