Shoplifting Charges
Theft Crimes and New York Law
People arrested for shoplifting in New York might be charged with two offenses if the police or District Attorney file charges. This is highly dependent on the District Attorney. These charges include petit larceny and criminal possession of stolen property.
Petit Larceny
Petit larceny is codified under section 155.25 of the Penal Code. It has a short and simple definition, which is that someone is guilty of this offense when they steal property. No monetary or value assessment for the stolen property is given in the Penal Code, which means that even something stolen worth less than a dollar could be classified as petit larceny. Intent is relevant. If they weren't trying to steal something, technically this isn't theft. However, you don't have to rely on the shoplifter's say-so regarding whether they were trying to steal. In other words, if the shoplifter claims they didn't do it, this doesn't matter if all the other circumstances say that they were trying to steal.
Possession of Stolen Property
Criminal possession of stolen property in the fifth degree is codified under section 165.40 of the Penal Code. This offense is defined as knowingly possessing stolen property with the purpose of benefitting oneself or someone other than the property owner or with the intent of impeding the property owner from recovering it.
Will there be charges?
Many prosecutors won't file charges if it is the shoplifter's first arrest. So, there won't be any criminal record of what they did in your store leaving the shoplifter free to come back to your store over and over and getting their charges dropped and this is even if bother to call the police.
What can I do for my business?
Shoplifters aren't the only ones with rights. Your business has important rights under the law. At the Law Offices of Lance Fletcher, we can explore ways to fight back. Lance Fletcher, a former prosecutor, can go over strategies to deter shoplifters, more effectively confront them, recoup losses from the shoplifter, and ways to get your local prosecutor to take a greater interest in protecting your store.
Contact us if you would like to discuss your needs.