The incident will not be part of your permanent criminal record. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. Your first appearance in court after you are arrested will be your arraignment. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A person is classified as a first-time offender if he or she has been convicted of a crime for the first time. In California Penal Code Section 490. The most common type of theft crime in New York is known as larceny. Shouse Law Group has wonderful customer service. A Class E felony punishable by up to four years in jail. If the property that you are accused of stealing has a value that is less than $1,000 then you will be charged with petit larceny. However, the store may only detain you for a reasonable period of time. Larceny offenses also include: Property is defined broadly and includes any money, personal or real property, computer data or program, utilities, and other items of value. Yes. Charged with petty larceny for a first time offense- What should I expect? The definition of larceny refers to a kind of theft crime in which the perpetrator takes the property of another person, without their consent and with the intention of permanently depriving the person of their property. A "reasonable" period is long enough for the police to arrive and long enough for security to investigate the incident. 531 West Avenue, NY. When the police arrive you may be arrested and taken into custody. Assuming the government can prove your guilt, different jurisdictions handle first offense petit larceny in different ways. Similarly, Westchester and Rockland Counties have these guidelines as well. The 5 best defenses to a petty larceny charge are to show that: Most states say that you commit the crime if: Note that the criminal laws of a state will set forth the dollar amount ceiling for petty theft charges. However, they will charge you with grand larceny or grand theft if the value of the property is relatively high.3. He went straight to the people that mattered and kept my son informed in the cells, giving him hope when no one was communicating with us. The good news in your case, is that when it is your first offense and the merchandise is worth less than $50 the case could be reduced to an infraction, at which point the only punishment would be a fine. Saland Law aggressively represents the accused against charges in Criminal Defense & Crime cases. If you are a first time offender, instead or receiving a jail or prison sentence you may be sentenced to probation or jail followed by probation. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Below are some examples of the penalties a juvenile shoplifter might face. If you are interested in enrolling in the First Offender Program, you should not hesitate to obtain the assistance of an experienced criminal defense attorney. Commits larceny from the person of another of money or other thing of value of less than $5, or. In addition to prison time, all grand larceny offenses can be punished with a fine in the amount of $5,000 or double the offender's gain from the crime. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The lawyer handling our case had many years of experience and treated us as if we were his own family. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. The most common option is an offer of an ACD, or an Adjournment in Contemplation of Dismissal, with some type of shoplifting program and or community service. The Act further states that a first-time offender can complete a period of probation that would allow the individual to have a charge dismissed without a conviction being entered. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. New York Theft Defense Lawyer Saland Law website, New York Criminal Defense Lawyer Saland Law website. Whenever you have a date in criminal court, you must attend. In New York City (Manhattan, Brooklyn, Bronx and Queens), that one year would be spent on the infamous Rikers Island. Petty thefts are typically defined as thefts below a specified dollar amount, generally less than $500 or $1,000. You should discuss this with your attorney. If you are suspected of shoplifting you should not admit to shoplifting verbally or in writing, and you should not sign a confession. In addition to prison time, all grand larceny offenses can be punished with a fine in the amount of $5,000 or double the offender's gain from the . I would recommend his services to anyone who is facing serious legal charges. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. The difference between the two crimes is the value of the property stolen. When you are given a Desk Appearance Ticket in New York or arrested for stealing property belonging to somebody else (it makes no difference if the theft is from an individual person or a department store such as Macys or Bloomingdales), value is a critical component of any theft or larceny charge. Law 155.30. The police have the option of issuing a DAT only in cases where you are accused of a relatively minor crime such as a misdemeanor like petit larceny. A DAT, sometimes called an appearance ticket, is a document that gives the place, date and time for you to appear in criminal court for your arraignment. You may also be sentenced to probation, jail followed by probation, community service, or you may be required to pay a fine. Petit larceny is a class A misdemeanor, which subjects the offender to up to 364 days in jail and a $1,000 fine. I was stopped by a supervisor for stealing a can of off spray, The cops stopped me and ask to check my bags. We are still married and got our ways straightened away. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Alternatively, your best option may be to mitigate your conduct in an attempt to get an ACD. Under the New York Penal Law, Section 155.25, a person is guilty of Petit Larceny when he/she steals property. Perhaps a 771.1 plea, but in Michigan, there is no such charge as Larceny from a Retailer. What Does That Mean. It's also a crime to possess an anti-security item (like a coated bag or security tag remover) with the intent of using the device to steal merchandise. The communications between you and your lawyer are also protected by the attorney-client relationship. Commonly, though, first-offender programs are available only where the charges don't involve a violent or "serious" offense . I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Even if you are not sentenced to jail or prison, your employer may learn of your arrest and conviction. Larceny lawyers will also help you gather evidence to support your defense. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. Distinguished: An excellent rating for a lawyer with some experience. I strongly recommend you get an attorney to help you with this. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. The punishment for a first time larceny, or shoplifting, charge can be more severe than you might think. The Act further states that a first-time offender can complete a period of probation that would allow the individual to have a charge dismissed without a conviction being entered. Criminal possession of stolen property in the fourth degree applies to cases where the value of the stolen property is more than $1,000. Another difference is that petit larceny is a misdemeanor while grand larceny is typically a felony. Schedule a free case evaluation today. Call or Text at If you have a recent criminal record, you will be sentenced to at least 1.5 years in prison. Like many states, New York shoplifting laws provide for both criminal and civil penalties. Release to Parents TheLaw.com has been providing free legal assistance online since 1995. Visit our California DUI page to learn more. Community Service or Public Work Service Community service can be performed by volunteering at any non-profit organization. If you are seeking a job, a background check will reveal your criminal record, making it more difficult for you to find a job. If convicted the maximum punishment is up to 1 year in jail. People falsely accuse people of theft crimes all the time. If the value of the property is $1,000 or less, the likely charge will be Petit Larceny. 3 Years Informal Probation The defendant will likely be sentenced to 3 years of informal probation. What can I expect for a first time larceny charge? In addition, you will be required to pay restitution. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 866.719.3420. A criminal defense attorney can walk you through the process and guarantee that your rights are protected. While the ACD is a likely offer for a first arrest petit larceny, it is certainly possible that the prosecutor will make a higher initial offer, such as a violation or a misdemeanor, particularly if the amount stolen is excessive or the facts of the case are particularly egregious. The fact he answered the phone, in bed, at 3am, when he was asleep was stunning - especially as no other lawyer did. ATTENTION: COVID-19 Update: We are still taking cases please call for a phone consultation! Before merely accepting the valuation determined by the police and the prosecution in New York City, you and your criminal shoplifting lawyer should review the evidence and deal with this issue where appropriate. If the defendant were to violate this order it would be a probation violation and he could be charged with trespassing. There are very few and rare instances where a lawyer will not get a better disposition for a person than what they could get on their own. 3 years of experience and treated us as if we were his own family Section 155.25, person... Off spray, the cops stopped me and ask to check my.! Not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship to TheLaw.com... Or shoplifting, charge can be performed by volunteering at any non-profit.! 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