If someone steals a candy bar or a pair of Levi’s jeans, being charged with shoplifting in New York, can lead to a prison sentence as well as fines. For the prosecutor to prove shoplifting in New York, the following elements should have occurred. Those elements of are the following:
- A person wrongfully takes, obtains, or withholds the property of another person or entity
- There is an intent to deprive that person or entity of the property
Criminal Charges in New York
When property is valued at $1,000 or less, the shoplifting charge is a Class A petit larceny, a misdemeanor. The penalty is up to a year’s imprisonment and a fine of up to $1,000. If a person is convicted of Petit Larceny, PL 155.25, in New York, which is an A misdemeanor punishable by up to 1 year in jail, that criminal conviction will stay on that person’s criminal record forever. However, you can potentially get the record of that conviction sealed after 10 years in certain circumstances under the New York Criminal Procedure Law, CPL 160.59.
Felony Larceny Charges
Shoplifting property worth between $1,000 to $3,000 is fourth-degree grand larceny, a Class E felony. Defendants serve up to four years in prison and a fine of up to $5,000 or double the criminal’s gain from the shoplifting — whichever is greater.
Shoplifting in New York Means Prison Time
People who shoplift property worth more than $3,000 and equal to or less than $5,000 face charges of third-degree grand larceny, a Class D felony. Conviction means imprisonment of up to seven years. The fine is up to $5,000 or double the shoplifter’s gain.
Stealing property valued at greater than $5,000 and up to and including $1 million brings charges of second-degree grand larceny, a Class C felony. Penalties are up to 15 years in prison and a $5,000 fine or double the shoplifter’s gain. Shoplifting more than $1 million in property will result in first-degree grand larceny charges. First-degree grand larceny is a Class B felony, and a conviction means up to 25 years in prison in addition to the greater of a $5,000 fine or twice the shoplifter’s gain.
Shoplifters in New York May Face Civil Lawsuits
If an individual has been convicted of shoplifting charges in New York, the merchant can also initiate a civil suit against the convicted for real as well as potential punitive damages.
What is the Statute of Limitations for Shoplifting in New York
The Statute of Limitations for shoplifting charges to be filed in New York. When the shoplifting offense is punishable by 8 or more years in prison, the statute of limitation is 6 yrs. And for offenses punishable by imprisonment, is 3 yrs. For Misdemeanors level shoplifting charges, the limit is 1 yr. However if the shoplifting was at the misdemeanor level, was committed on a minor under 14, then the statute of limitations for shoplifting in New York was 3 yrs.
Shoplifting Stays on Your Record Forever
You can potentially get the record of that conviction sealed after 10 years in certain circumstances under the New York Criminal Procedure Law, CPL 160.59. We suggest that you contact an expungement attorney in New York to help. But first you need a criminal attorney to help.