Theft by Felony Shoplift
If a shoplifting arrest or Desk Appearance Ticket isn’t bad enough, a theft or larceny from a store in excess of $1,000 will convert your misdemeanor conduct into a felony crime. The type or nature of the property in a felony shoplifting arrest is irrelevant. The value of that property is the benchmark for the charge and crimes in New York City and beyond. Simply put, if your felony shoplifting arrest was at Bloomingdales, Macys or Century 21 in Manhattan or your felony shoplifting arrest was in a local or “mom and pop” store in Brooklyn, it is critical to take the proper steps with your criminal lawyer to avoid indictment. Establishing a defense and putting that defense to a shoplifting arrest in motion will give you the greatest opportunity to avoid a criminal record.
- Felony Shoplifting Process: Arrest to Indictment
- Defending Your Felony Shoplifting Arrest
- Punishment & Consequences of Felony Shoplifting
- Misdemeanor Shoplifting & Petit Larceny (NY PL 155.25)
Generally, there are two felony crimes for shoplifting in New York. Those crimes are Grand Larceny and Criminal Possession of Stolen Property. Breaking those crimes down further, if you steal property valued greater than $1,000, but not more than $3,000, then prosecutors will charge you with Grand Larceny in the Fourth Degree (New York Penal Law 155.30). In the event the value of the property is more than $3,000, but $50,000 or less, then the charge will be Grand Larceny in the Third Degree (New York Penal Law 155.35). A quick and easy way to understand these Grand Larceny shoplifting crimes are as follows:
- Fourth Degree Grand Larceny (NY PL 155.30): Greater than $1,000, but equal to or less than $3,000.
- Third Degree Grand Larceny (NY PL 155.35): Greater than 3,000, but equal to or less than $50,000.
In the event a store detective cannot establish that you actually took the property, but you possessed the property without paying for it and you attempted to leave the store, you may also be charged with Criminal Possession of Stolen Property. New York Penal Law 165.45 and 165.50, Criminal Possession of Stolen Property in the Fourth and Third Degrees respectively, are the felony shoplifting stolen property crimes in New York City and the region. These crimes are “mirror images” to the Grand Larceny statutes above in terms of value determining the degree of the offense. A quick any easy guide to these felony Criminal Possession of Stolen Property shoplifting crimes are as follows:
- Fourth Degree Criminal Possession of Stolen Property (NY PL 165.45): Greater than $1,000, but equal to or less than $3,000.
- Third Degree Criminal Possession of Stolen Property (NY PL 165.50): Greater than 3,000, but equal to or less than $50,000
It is important to understand that all the property together, ie, the shirt, pants, belt, etc, is aggregated to reach this value amount. Moreover, you can be charged with Criminal Possession of Stolen Property in addition to Grand Larceny on the same criminal court complaint or indictment. Another issue, among many, to discuss with your shoplifting attorney or criminal lawyer is how value is established in terms of market value, replacement value or actual value. While rare, it can make the difference between a felony offense and a misdemeanor crime.
What is not rare, and can potentially make the difference between a felony, misdemeanor or even a non-criminal disposition, is that understanding the law and retaining experienced legal counsel can have an impact on your case. Educating yourself on felony and misdemeanor shoplifting crimes as well as other theft and larceny offenses in New York is relatively easy. A review of the NewYorkCriminalLawyerBlog.Com and NewYorkTheftAndLarcenyLawyersBlog.Com will certainly start that process. Each of these resources, maintained by the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, is rich with criminal statutes and legal decisions involving these and related crimes.
Armed with this information, don’t wait until it is too late to implement your defense. Consult with the former Assistant District Attorneys and criminal lawyers at Crotty Saland PC who will not just navigate the criminal process, but establish what they believe will be the strongest defense to preserve your future.
Contact the New York Criminal Lawyers & Shoplifting Attorneys Online or at 212.312.7129 Now.