Felony Shoplifting
Most shoplifting cases are misdemeanors but some are felonies, depending on the value of the stolen merchandise. If the value exceeds $1,000, the case could be prosecuted as a felony which greatly increases the deterrent to the shoplifter. The main sentencing difference between a misdemeanor and felony in New York is that a felony is punishable by over a year in jail. Depending on the value of the stolen items, someone facing felony shoplifting charges faces a maximum sentence of 4 years in state prison (for an E felony) to 25 years (for a class B felony). In addition to proving the theft, the prosecutor must prove the qualifying value so it may be a defense if the stolen items are given too high a value. Felony shoplifting charges are serous and require a careful analysis of your options.
Felony Values, Charges, and Sentencing Possibilities (even for a first-arrest)
- $1,000 to $2,999.99
- Class E Felony
- Punishable by up to 4 years in prison
- Most common felony shoplifting charge because relatively easy to be in possession of $1,000 of unpaid store merchandise
- $3,000 to $49,999.99
- Class D Felony
- Punishable by up to 7 years in prison
- This type of felony shoplifting charge may happen in a high-end store such as Sak's or Bergdorf
- $50,000 to $999,999.99
- Class C Felony
- Punishable by up to 15 years in prison
- This type of felony shoplifting case might happen in connection with an organized, or involve jewelry or artwork
- $1,000,000 and up
- Class B Felony
- Punishable by up to 25 years in prison
- Very rare - would probably have to be the result of organized, inside theft or involve jewelry or artwork
A felony conviction can have other devastating consequences beyond prison time including loss of a professional license, permanent international travel problems, immigration problems, and a felony record.
If your business is being affected by shoplifting or theft by employees, we can take action to ensure that your rights are protected with your bottom line in mind. Contact us today because felony shoplifting, unlike misdemeanors, signals that you are suffering large losses that, if left unchecked, could cause your business to fail. We stand ready to help our clients recoup their losses or avoid further theft by examining the store's evidence, identifying any defects in the loss prevention strategy, and contacting the District Attorney to advocate on behalf of your business.