Maybe you’re embarrassed, afraid of losing your job, or afraid you’re getting a permanent criminal record. If you’ve been charged with petit larceny in New York, relax, think, and breathe, because as long as your situation is handled properly, chances are you’re going to be just fine.
The New York Penal law defines petit larceny as simply stealing property. A Class A misdemeanor, the charge has a very short and simple definition. There’s no value requirement, which means that even an item worth a penny would qualify.
An offender can commit the crime in many ways, but petit larceny is most often associated with shoplifting.
Defenses for Petit Larceny
If you are confronted inside the store, you have a strong defense. You can only be convicted if you took an item without paying for it, and then left the store.
In addition, you cannot be convicted if the staff and guards use excessive force when detaining you. They may pat you down for weapons and use physical restraints, but they may not use excessive force by improperly using the handcuffs or by choking you.
What to Expect When Charged with Petit Larceny
A petit larceny conviction may lead to jail time.
The charge oftenresults in an Adjournment in Contemplation of Dismissal, also known as ACD, if you have no history of arrests. When a judge grants an ACD, you simply need to stay out of trouble for six months – after that, the case may be dismissed.
If there is a community service requirement, you may need to finish the community service during the given period – or else your case can be reopened. As part of the penalty, you may also be mandated to attend the Stop Shoplifting Program or similar program to prevent recidivism
Of course, the charge and the penalties that come with it depend on the facts of the case. If you’ve been arrested for petit larceny, talk to me today in a free 15-minute consultation.
