New York City Shoplifting Lawyer | Shoplifting Lawyer in Manhattan
NEW YORK CITY SHOPLIFTING DEFENSE LAWYERS
Petit Larceny (shoplifting) is one the most common offenses that are brought before New York City criminal courts.
Shoplifting nationwide, and in New York City in particular, is so widespread and economically damaging to merchants that virtually all major department stores have their own theft-prevention and store detectives’ squads.
Equipped with state-of-the-art surveillance, and constantly on alert, they are extremely efficient in apprehending most non-professional shoplifters. Although shoplifting may be considered by some a relatively minor offense, all New York City shoplifting cases involve criminal charges that may play a huge role in a person’s future.
That is why when accused of this offense, you should explore all options instead of taking this matter lightly. Talk to an experienced New York City shoplifting lawyer today.
Why People Steal
The National Coalition for Shoplifting Prevention estimates that 1 in 11 people in this country have stolen from a store - or about 27 million shoplifters who cause $35 million in damages daily. Only 3% of them are professional thieves who steal for profit.
Numerous studies on what causes otherwise law-abiding citizens to shoplift show that about a third of all shoplifters suffer from depression. Any New York City shoplifting lawyer who regularly deals with clients caught shoplifting will agree that most of them were under some kind of stress when the incident happened.
Many more have been coping with personal issues and stealing was a subconscious relief for them to ease stress and anxiety. In a way, many caught shoplifters perceive stealing as a form of “instant gratification” to obtain something they want and temporarily escape the unpleasantness of their personal situation.
This is the most common reason behind shoplifting, as opposed to the widely held belief that most shoplifters are kleptomaniacs who are addicted to stealing. In fact, the vast majority of shoplifters who participated in studies indicated that they did not intent to steal again.
Criminal Liabilities for Shoplifting in New York City
Most shoplifting offenses in New York are prosecuted under Larceny or other Theft-related statutes. The particular charge depends on the value of merchandise stolen.
When the total value is below $1,000 (as is most mos cases), you will be charged with Petit Larceny and criminal possession of stolen property in the fifth degree, both class A misdemeanors.
If the total exceeds $1,000, the charge will be Grand Larceny in the fourth or third degree and criminal possession of stolen property in the fourth or third degree - all class E or D felonies depending on the value of stolen goods.
If you read this, you were probably stopped at the store and told to sign some papers. You were arrested and either given the DAT (desk appearance ticket) at the police precinct or taken to Central Booking and saw the judge.
A conviction in a shoplifting misdemeanor offence will result in a criminal record and a fine because even though it is a misdemeanor - it still goes on your record in New York. Jail time is extremely unlikely in this situation.
In most counties, the prosecutor is likely to offer you a deal of pleading guilty to a violation (not a crime). If you do, you will pay a fine, be sentenced to a few days of community service, and the case will be conditionally dismissed in about a year.
You will not have a criminal record and your arrest record will be sealed when the case is dismissed. Keep in mind, however, that you do have to plead guilty to an offense and you are under an obligation to disclose that when asked in some situations such as certain employment applications or for immigration purposes.
“ACD” stands for “Adjournment Contemplating Dismissal” which means that your case is temporarily adjourned for some time, typically 6 months to one year. After that, it is completely dismissed without you pleading guilty or otherwise admitting your guilt.
You will need to perform a few days of community service. Your arrest record will be completely sealed and you will be free to answer “no” to a question of whether you ever were convicted of or pleaded guilty to any offense. You still in some cases need to disclose the fact of arrest.
While pleading guilty to a violation is a good deal for some people, and and an ACD works for others, it is not good at all for others. Some employers, especially in the financial industry, are meticulous about criminal background checks of their existing and new employees and often require an answer to the question of “ever being convicted of an offence other than minor traffic infraction”. There are also immigration consequences that need to be considered.
Why Hire a Lawyer and how much does it cost?
In many cases, an experienced New York City shoplifting defense attorney can obtain a resolution of your case through an ACD, although such resolution is not automatic and may not apply at all if you have a previous criminal record - or if this is not your first shoplifting incident.
Obviously, no attorney can guarantee this outcome; in different New York City counties local District Attorney’s Offices have distinct policies towards plea bargain offers in shoplifting cases.
On the day of your court appearance, if the prosecutor offers the deal and you accept it, you may never be in court again. If you want a better deal, your attorney will have to work harder to accomplish that and it could take a few more trips to court.
If you qualify financially, court may provide you with a Legal Aid or assigned lawyer.
While these attorneys are very good and dedicated, you need to understand that all of them carry tremendous case loads and are simply unable to dedicate as much time to you and your case as you may want.
Often, assigned lawyers will receive your case just before they meet you for the first time in court. If you financially qualify and this shoplifting charge is just a minor nuisance for you and it only needs your minimal attention, then a Legal Aid lawyer is an adequate option for you.
If you need to fully explore all options and want to be able to talk to your attorney about your case as much as you need, if your case is serious enough for you as you realize the potential harm that a guilty plea may carry, then you need to consider retaining your own New York City theft defense attorney.
Remember the old saying - you get what you pay for. A good private attorney will take time to talk to you, explain all your options, and spend as much time as required to obtain the most favorable result.
Different lawyers charge different fees. Many prefer hourly based compensation and retainers while others charge flat fees. The amount of legal fees in a shoplifting case may vary from $1,500 to as much as $5,000 depending on many factors, including complexity of the case, prior criminal history, particular charges, lawyer’s experience, etc.
If you are a first time offender charged with petit larceny (shoplifting) in New York City, we will quote a flat fee that covers everything that needs to be done to handle your case - but not including a trial. If you retain our office to represent you in a shoplifting case, you will not be charged for telephone conversations, and other things attorneys usually charge for. We will take time to walk you through the process and seek the outcome that suits your particular interests.
If you are charged with shoplifting in New York City, please call our experienced NYC shoplifting attorneys today.We have helped dozens of clients charged with shoplifting in New York and you can benefit from our experience and expertise as well.
Our criminal defense lawyers successfully represent New Yorkers accused of various theft crimes, including larceny, robbery, burglary, identity theft, and insurance fraud.
New York City Grand Larceny defense lawyers
The offense of larceny in New York is a very general charge that may include:
- Stealing
- Credit Card Fraud
- Medicaid Fraud
- Taking by trick
- Embezzlement
- Obtaining property by false pretenses
- Acquiring lost property
- Issuing a bad check
- Extortion
In New York, stealing of more than $1,000 is charged as grand larceny, which ay be anything from a class E felony to a class B felony, depending on the amount of money involved.
We have seen numerous clients charged with larceny due to misunderstanding or erroneous beliefs, or just plain mistakes. We understand your situation and you can rely on our experience and diligence to defend you against any New York grand larceny criminal charge.
If you are facing New York grand larceny charges, our team of experienced New York City larceny defense lawyers may help. Contact us today to schedule a consultation. If hired to represent you, we will examine your case and determine how the government's evidence is and whether any defenses may be applied. We will do all that should be done to dismiss or reduce the charges.
New York City Burglary Defense Lawyers
Joseph Potashnik and his colleagues will expertly defend you against New York burglary charges from criminal trespass to actually burglary.
There are three degrees of burglary in New York. The basic burglary charge is that the person knowingly enters or remains unlawfully in a building with intent to commit a crime there. This is burglary in the third degree, which is a class D felony. If the trespasser enters a dwelling and is either armed or causes injury, or threatens harm, it is burglary in the second degree, a class C felony. Burglary can also be in the first degree, a class B felony, if other elements are present.
Our New York burglary defense attorneys are experts in New York burglary defense. We can successfully handle any type of burglary offense by carefully examining evidence, interviewing witnesses, and skillfully using negotiating skills to dismiss or reduce charges against you. Contact New York burglary defense lawyer today for consultation.
New York City Robbery Defense Lawyers
New York robbery is defined as forcible stealing. This offense may be graded from robbery in the third degree, a class D felony to robbery in the second and first degree, a class C or B felony respectively.
If you are charged with robbery, call us to discuss your case. Our New York robbery defense lawyers will give you an honest assessment of your situation and advise you on the line of defense your case should take. Robbery is a serious offense and it may jeopardize you r future in many ways. If you are an immigrant, you may be deported if you are convicted for robbery. That is why you should not take chances if you are accused of robbery. Contact New York City robbery defense attorneys of Joseph Potashnik & Associates, PLLC today for a consultation.
