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Friday, October 18, 2013

Shoplifting in NYC: Consequences and Outcomes

Shoplifting is often mistakenly thought of as an embarrassing offense committed by unthinking teenagers in department stores. In reality, however, shoplifting is one of the most common criminal offenses in New York City.

Click below for some of the potential consequences and outcomes of shoplifting cases.



Potential Consequences:

  • Shoplifting in New York City is treated as a serious crime that can be prosecuted as either Petit Larceny (stealing) or Criminal Possession of Stolen Property (having stolen property). 
  • Shoplifters can have felony charges brought against them, most often when the stolen merchandise is valued at over $1,000. 
  • Certain stores or establishments will demand money as a form of restitution - sometimes thousands of dollars! 
  • Even pleading guilty to a misdemeanor shoplifting offense will leave you with a permanent criminal record, which may affect your employment opportunities. Shoplifting offenses may show up on background checks.
Potential Outcomes:

  • Prosecutors in New York are often willing to accept pleas in shoplifting cases, particularly for first time offenders.
  • If the merchandise taken was under $100, there is a significant possibility that with the help of your attorney you will be able to get an "ACD", or adjournment in contemplation of dismissal. Receiving an ACD means that as long as your record stays clean for the following six months, the case will be dismissed and the record sealed. 
  • In certain circumstances, one example being if you did not attempt to leave the store with the merchandise, your attorney can construct a defense and potentially get you declared innocent of any charges against you.  Remember, prosecutors must be prove that the shoplifting was intentional.
  • Hiring an attorney is an important factor in the outcome of your case. In many shoplifting cases, attorneys must do a fair amount of preliminary work, such as interviewing ecurity guards and/or witnesses. If you qualify for and choose to use a court appointed lawyer, he or she will not have the time or resources to research your defense like a private attorney would.

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