Shoplifting Attorney in Westchester County

Former Prosecutors. Aggressive Defense. Free Consultation.

Shoplifting, a prevalent crime in Westchester County, involves unlawfully taking items from a store with the intent to deprive the merchant of those goods. In New York, penalties for shoplifting can range from fines to imprisonment, based on the value of the stolen items and the offender's prior criminal record.

In Westchester County, shoplifting cases are generally adjudicated in local town and village courts, including those in White Plains and Mount Kisco. Each court has unique procedures, which our firm, Riebling & Payton, PLLC, is adept at navigating. Understanding these local processes significantly influences case outcomes. 

Our knowledge of court personnel, local statutes, and common prosecutorial methods allows us to craft strategic defenses tailored to each client. This expertise helps us anticipate both challenges and opportunities unique to the Westchester County legal landscape, ensuring our clients receive informed and effective defense strategies.

Speak with a shoplifting attorney in Westchester County who is a former prosecutor and understands how to fight for your rights. Call (914) 712-6878 or reach out online today for a free consultation.

Understanding Shoplifting Charges in New York

In New York, "shoplifting" is not a distinct criminal statute. Instead, it is typically prosecuted under the general larceny laws, specifically Petit Larceny (NY Penal Law § 155.25), or, if the value is higher, Grand Larceny (NY Penal Law § 155.30 et seq.). Additionally, you might be charged with Criminal Possession of Stolen Property (NY Penal Law § 165.40 et seq.) 

if you are found with stolen merchandise. It's crucial to understand the specific elements that the prosecution must prove beyond a reasonable doubt for a conviction. As your shoplifting attorney in Westchester County, we will ensure you have a clear and comprehensive understanding of the precise charges leveled against you.

The core elements of a larceny charge (NY Penal Law § 155.05), which applies to shoplifting, are:

1. Wrongful Taking, Obtaining, or Withholding of Property: You must unlawfully take, obtain, or withhold property from its owner.
2. Intent to Deprive or Appropriate: You must have the intent to deprive another of property permanently, or to appropriate the same to yourself or to a third person. This "intent to steal" is a critical element.

Common Shoplifting Charges and Their Grading

The severity of shoplifting charges in New York is primarily determined by the value of the property allegedly stolen.

Petit Larceny (NY Penal Law § 155.25)

• Conduct: Stealing property with a value that is $1,000 or less. This is the most common charge for shoplifting.
• Penalty: Class A Misdemeanor (up to 1 year in county jail, up to $1,000 fine).

Criminal Possession of Stolen Property in the Fifth Degree (NY Penal Law § 165.40)

• Conduct: Knowingly possessing stolen property with the intent to benefit yourself or impede the owner's recovery, where the value of the property is $1,000 or less. This charge is often levied in conjunction with Petit Larceny.
• Penalty: Class A Misdemeanor (up to 1 year in county jail, up to $1,000 fine).

Grand Larceny (NY Penal Law § 155.30 et seq.)

This refers to felony theft charges.

Grand Larceny in the Fourth Degree (NY Penal Law § 155.30):

• Conduct: Stealing property valued at more than $1,000 but not more than $3,000.
• Also applies if: the property is a credit card, debit card, or public benefit card (regardless of value); the property is a motor vehicle (value over $100); the property is taken from the person of another; or the property is a public record or a secret scientific material.
• Penalty: Class E Felony (up to 4 years in state prison, up to $5,000 fine or double the offender's gain).

Grand Larceny in the Third Degree (NY Penal Law § 155.35):

• Conduct: Stealing property valued at more than $3,000 but not more than $50,000.
• Also applies if: the property is an automated teller machine (ATM) or its contents.
• Penalty: Class D Felony (up to 7 years in state prison, up to $10,000 fine or double the offender's gain).

Grand Larceny in the Second Degree (NY Penal Law § 155.40):

• Conduct: Stealing property valued at at least $50,000 but not more than $1,000,000.
• Penalty: Class C Felony (up to 15 years in state prison, up to $15,000 fine or double the offender's gain).

Grand Larceny in the First Degree (NY Penal Law § 155.42):

• Conduct: Stealing property valued at more than $1,000,000.
• Penalty: Class B Felony (up to 25 years in state prison, up to $30,000 fine or double the offender's gain).

The complexities of grading, the specific definitions of various theft acts, and the potential for severe felony enhancements highlight why a diligent shoplifting attorney in Westchester County is absolutely necessary.

Aggravating Factors & Enhancements

• Prior Convictions: Prior convictions for theft (especially within 10 years for felonies) will significantly enhance the current charge, leading to harsher sentences and potential mandatory minimum prison terms.
• Method of Theft: Using force (robbery), or breaking into a building (burglary), escalates the charges significantly, making them serious felonies.
• Specific Item Stolen: Theft of credit cards, debit cards, public benefit cards, motor vehicles, or firearms automatically raises the charge to a felony (Grand Larceny 4th Degree), regardless of value (unless the value is extremely low for vehicles/firearms, e.g., below $100 for vehicles).
• Known Rescission from Store: If you were previously caught shoplifting from the same store, issued a trespass notice, and returned, you could be charged with Burglary, a felony.

The specific nuances of each charge and the possibility of severe felony enhancements highlight why a diligent shoplifting attorney in Westchester County is absolutely necessary.

Collateral Consequences of a Shoplifting Conviction in New York

A shoplifting conviction in New York, even for petit larceny, carries significant and often permanent consequences beyond direct legal penalties. It results in a permanent criminal record that can severely limit future opportunities and leads to substantial reputational damage and social stigma. Such a conviction also creates immense employment barriers, making it nearly impossible to secure jobs, particularly in fields requiring trust or professional licenses, as shoplifting is considered a crime of moral turpitude.

Furthermore, individuals face housing difficulties, educational limitations, and for felony convictions, the loss of civil rights like voting and firearm possession. There are also potential travel restrictions to other countries and the possibility of civil demand letters from stores. For non-citizens, a shoplifting conviction can trigger severe immigration consequences, including deportation, as it is often classified as a "crime involving moral turpitude."

Why Choose Our Shoplifting Lawyers

At Riebling & Payton, PLLC, our approach combines extensive legal knowledge with a deep commitment to personalized service. Here are key reasons clients rely on us:

• Nearly 50 Years of Combined Experience: Our substantial experience offers assurance and proficiency in navigating intricate legal proceedings.
• Direct Access to Our Leading Attorneys: Clients interact directly with Stephen Riebling and Marcia Payton, ensuring focused attention and strategic defense formulation.
• Proven Track Record: We have successfully defended numerous shoplifting cases, achieving favorable results and reducing client stress.
• Client-Focused Approach: We prioritize clear communication and client involvement, keeping you informed and engaged throughout your case.
• Geographical Accessibility: With offices in Mount Kisco and White Plains and a willingness to travel, we ensure convenient legal support.

Take the Next Step for a Strong Defense

Facing shoplifting charges can be daunting, but you don't have to navigate this challenge alone. At Riebling & Payton, PLLC, we're committed to protecting your rights and securing a favorable outcome. 

Let us help you move forward with confidence by navigating the intricacies of your case with precision and care. Our dedication to achieving the best possible result reflects our commitment to your long-term well-being and peace of mind.

Contact us at (914) 712-6878 for a confidential consultation. We offer empathetic support and strategic defense planning that alleviates stress and positions you for success. 

Frequently Asked Questions About Shoplifting Charges in Westchester County

What Should I Do If Accused of Shoplifting in Westchester County?

Stay calm and do not admit guilt or speak to store personnel or police without legal representation. Contact a shoplifting attorney immediately. At Riebling & Payton, PLLC, we protect your rights, evaluate evidence such as surveillance footage and witness accounts, and work swiftly to build your defense.

How Are Shoplifting Charges Determined in New York?

Charges are based on the value of stolen goods. Items worth under $1,000 are typically charged as Petit Larceny (a misdemeanor), while items exceeding that threshold may lead to Grand Larceny (a felony). Prior convictions, the type of item, and other factors can also elevate the charge.

Can a Shoplifting Charge Be Dismissed?

Yes. Dismissals may occur if there's insufficient evidence, a lack of criminal intent, or procedural errors by law enforcement. We also explore eligibility for diversion programs or adjournment in contemplation of dismissal (ACD), which can result in the case being dropped after a probationary period.

Can I Be Arrested for Attempted Shoplifting?

Yes. Even if you are stopped before exiting the store, you may still face charges for attempted larceny if authorities believe you intended to steal. Evidence such as concealment of items or tampering with price tags can be used to support the charge.

Will a Shoplifting Conviction Stay on My Record?

Without dismissal or expungement, a conviction can remain on your criminal record indefinitely. This can affect employment, immigration status, and housing. We explore every option to avoid a conviction or later pursue record sealing when applicable under New York law.

Are First-Time Shoplifting Offenders Treated Differently?

Often, yes. First-time offenders may be eligible for diversion programs or plea deals that avoid jail time and reduce or eliminate long-term penalties. Our goal is to resolve your case in a way that avoids a criminal record whenever possible.

What Happens if I Was Misidentified or Falsely Accused?

False accusations do happen. Our firm investigates thoroughly to uncover inconsistencies in witness statements or security footage. We build strong defenses aimed at having your case dismissed and your name cleared.

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