Grand Larceny in the Fourth Degree (NY PL 155.30) and Criminal Possession of Stolen Property in the Fourth Degree (NY PL 165.45) are both “E” felonies. As such, each is punishable but up to four years in prison whether or not you are a first or second time offender. If you are convicted and it is your first offense there is range of potential punishments including incarceration, probation, community service and even fines. An experienced New York criminal lawyer versed in these offenses should have the skill and ability to not just give you an idea as to where you case may end up, but a concrete plan of attack. In doing so, you may be able to not merely minimize the potential punishment, but even lessen the level of the offense.
Grand Larceny in the Third Degree (NY PL 155.35) and Criminal Possession of Stolen Property in the Third Degree (NY PL 165.50) are “D” felonies. These crimes are punishable by up to seven years in state prison. Like the “E” felonies, imprisonment is possible for first time offenders as well as those with a criminal record. Moreover, while probation or a conditional discharge are both possible sentences, any second time felon must be sentenced to a term of imprisonment if the prior felony conviction occurred within the past ten years. Discussing the likelihood of jail and means by which you can avoid incarceration or a criminal record is something you should consider doing with your criminal attorney very early in the process.
Collateral Concerns: From Career to ImmigrationBeyond the criminal record and potential incarceration in a New York City or New York State jail, there are other areas of real concern. First, for those employed in the financial sector or individuals working for the government such as teachers, an arrest for a theft or larceny crime may trigger a mandatory report. Not only can this impact your immediate employment, promotion or transfer, but it can lead to revocation of licenses or certifications. Furthermore, an arrest for a larceny or theft crime can also result in an immediate termination or suspension. This may be true whether you are a physician, lawyer, CPA or any other professional. How you address this or report this arrest or indictment to the appropriate agency or supervisor may be equally concerning as the prospects of jail.
Lastly, while a shoplifting arrest – felony or misdemeanor – may not automatically trigger immigration consequences, a renewal of a visa or green card can be delayed or ultimately denied. A conviction will likely compromise your status in its entirety. In fact, federal agencies have the ability to place a detainer or hold on you should you be held in on bail for your pending felony shoplifting arrest.
The punishments and consequences of any shoplifting arrest in New York won’t just go away. Waiting, hoping or ignoring are never good defenses to any criminal allegation. Can the criminal lawyers at Saland Law guarantee a particular result or outcome in your case? No. No attorney can. However, we can guarantee that we will work with you to implement what we firmly believe will be the best defense. It is our goal to put you in right place to minimize or mitigate the consequences of a potentially life altering arrest.
To educate yourself on felony and misdemeanor shoplifting crimes as well as other theft and larceny offenses in New York, review the NewYorkCriminalLawyerBlog.Com and the NewYorkTheftandLarcenyLawyersBlog.Com. Each of these resources, maintained by the criminal lawyers and former Manhattan prosecutors at Saland Law, is rich with criminal statutes and legal decisions involving these and related crimes. Further information is available at CrottySaland.Com.
Contact the New York Criminal Lawyers & Shoplifting Attorneys Online or at 212.312.7129 Now.