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Toll Free: 888-915-7333
At first glance, a theft or shoplifting charge may not be looked as serious. Think again! Firstly, in New York, there is no crime classified as “shoplifting” or “theft.” If one is accused of shoplifting or theft it can fall under a range of crimes including but not limited to Petit larceny which is a misdemeanor or Grand larceny which is a felony.
Petit larceny is a common misdemeanor charge and is defined as when someone “steals property” under § 155.25 of the NY Penal Law. Theft of property that is less than $1,000 is Petit laceny which is a Class A misdemeanor. This carries a penalty of up to one year in prison.
If you are accused of shoplifting, you may be facing a petit larceny charge. Often, police officers will charge an individual with criminal possession of stolen property in addition to petit larceny in a shoplifting situation.
If you are approached by store security, it is best to remain silent and not sign anything. Avoid getting into a physical scuffle with store security as it’s not uncommon for the responding police officer to bump up your petit larceny to robbery. Store security officers may claim that they have you on camera in an effort to get you to begin talking or sign documents. They also could make you sign a confession. You are NOT required to sign, and your appropriate course of action is to exercise your rights and request to speak to an attorney.
Depending on the precinct and desk officer, you may be entitled to a Desk Appearance Ticket (DAT) subject to your arrest record. If you received a DAT, then that means you went home and avoided getting transported to Central Booking. However, you should appear on the date specified on the DAT. If you don’t, then there will likely be a warrant out for your arrest.
If you are given a DAT or are charged with petit larceny, seek the services of an criminal defense attorney right away. While a petit larceny charge is a misdemeanor, there may be harsh consequences for professionals, non-citizens or students.
You may have heard or read that an Adjournment in Contemplation of a Dismissal (ACD) may be the most appropriate option in the event one is charged with Petit Larceny. While this is generally true, it may not be true if you are not a U.S. citizen! If you are not a citizen, you should consult with an attorney who not only practices criminal defense but also immigration law and understands the serious immigration ramifications.
Attorney Kyce Siddiqi has made multiple petit larceny arrests and reviewed scores of police reports detailing petit larceny charges when he was a NYPD police officer. He understands where there might be weaknesses in the case. You can rely on Attorney Kyce Siddiqi to provide nothing but diligent and aggressive representation for your larceny charge. Contact him at (888) 915-7333 or (646) 930-4488 for a consultation.