Well here in the city, if the total value the item (s) is below $1,000 (in this case $481), you will be charged with Petit Larceny and criminal possession of stolen property in the fifth degree, both class A misdemeanors.If you shoplifted in large department store, such as Macy s, you are most likely to be detained, arrested, and booked. The police will probably give you what s a DAT (desk appearance ticket),although they are known to sometimes process shoplifters at Central Booking in Lower Manhattan. If that happens to you, you will seen by a judge in about 24 hours and released until the next court date.Please note, a desk appearance ticket is an order to appear in county court for an arraignment. When a DAT is issued, you are considered to be under arrest from an administrative standpoint. You must report to arraignment on the date shown on the DAT; from that point forward, your case is like any other legal case. If you fail to appear for a DAT, the prosecution can request and a judge can issue a bench warrant for your arrest.If you re convicted of the offense, you ll have a criminal record because shoplifting is classified as a misdemeanor crime in New York. A fines will be levy on you, which you ll have to pay, and you ll be ordered to do community service. Although some jail time is possible, it is not probable in this case.I hope this infomration is very helpful.Good luckNative New Yorker
Sunday, July 22, 2012
Shoplifting at age 21 in New York City for $481. Whats the punishment according to NY law? -
I am an attorney and I know a lot about this subject. Do not take this as creating an attorney-client relationship. You may, however, find it helpful.Theft of $1,000 is usually charged as petit larceny under the laws of New York, Penal, Section 155.25. It is a Class A misdemeanor. The maximum penalty is imprisonment for not more than one year and a fine of not more than $1,000. Penal, Section 70.15 and 80.15. (If you Google, Laws of New York you can read these laws yourself.) I emphasize that the penalties listed above are maximums. If you are a first offender, I think that actual jail time is unlikely.What you absolutely must do is consult an attorney. There may be a diversion program available. If you are admitted to the program and you complete the requirements successfully you may be able to avoid having a criminal conviction on your record. Even if diversion is not available, an attorney can advise you on your best strategy for minimizing the punishment you will have to face. Do not expect judges, prosecutors, or other court staff to give you good advice. It is not their job to protect your interests. Some of them perceive an unrepresented person as an opportunity to quickly process a case. That usually means that the consequences for you would be worse than if you are represented by a lawyer.If you cannot afford an attorney, contact the public defender��s office. If you can t find that in the phone book, contact the court and ask who does the public defenders work in the area. Sometimes that work is assigned out to a list of private attorneys.Although the criminal proceedings are the worst part, unfortunately you will probably have to deal with something called a ��civil demand��. Laws of New York, General Obligation Law, Section 11-105. The maximum penalty is $500. This is separate from the criminal proceedings.You may have already been banned from the store. If not, you can expect to receive a ban in the mail. If you go into the store again or even onto the parking lot, you can be arrested for criminal trespass.Your name may be entered into a national retail theft database, whether or not you are ever convicted. This database is not open to the public, but it is open to any member retail company. The retailers check this when anyone applies for a job and if your name shows up on it you are usually not hired. So, do not ever expect to work in retail.