In Nassau County and in all of New York, the crime that most people associate with shoplifting is called petit larceny. Petit larcency occurs where a person takes an item worth less than $1,000. If a person takes items with value of more than $1,000, a person commits grand larceny.
Larceny that involves less than $1,000 is a class A misdemeanor. A violator can receive up to one year in jail and a substantial fine. The court might place the person on probation, order them not to return to the store during probation and order rehabilitative services such as education about the financial impacts of shoplifting.
There are a few ways that a Nassau County shoplifting case can become a felony. When a person steals property of an amount between $1,000 and $3,000, the matter is grand larceny in the fourth degree. This is a class E felony. Larceny also becomes grand larceny in the fourth degree if the offender steals a public record or instrument, a credit or debit card, secret scientific material, firearms, an article used in religious worship or a vehicle. If convicted, an offender faces up to four years in prison and a fine of up to $5,000 or double the value of the items they tried to steal.
A larceny offense is grand larceny in the third degree if a person steals an item worth more than $3,000 or when they steal an ATM or the contents of an ATM. This is a class D misdemeanor. Offenders face up to seven years in prison and a fine of $5,000 or twice the value of the items stolen.
Nassau County grand larceny in the second degree is a class C felony. A person convicted of this offense can spend up to fifteen years in jail. To be larceny in the second degree, a person must steal property with a value of $50,000 or more or misuse their position as a public official to engage in theft. In addition, a person commits grand larceny in the second degree if they threaten a person’s physical safety in order to steal any amount of property.
This is the most serious of the shoplifting charges, and it is a class B felony. An offender can spend up to twenty-five years in prison and owe a fine of $5,000 or twice the value of the property taken. Grand larceny in the first degree involves stealing property worth more than one million dollars.
Many times, a person charged with shoplifting has no criminal record. Because a criminal record is so consequential, they might wonder if there’s anything that they might be able to do in order to lessen the consequences. Fortunately, in Nassau County, the answer might be yes.
For now, sixteen and seventeen year olds are treated as adults by the criminal justice system. However, that might soon change. For now, Nassau County is one of a handful of locations that’s part of a pilot program designed to treat young offenders. Individuals that are charged with larceny when they’re sixteen or seventeen years old are treated as adults by the criminal justice system. However, Nassau County is part of a program that hopes to provide these young offenders with access to rehabilitative services. The goal is to help these offenders find the support that they need in order to avoid recidivism.
There are other programs that assist older offenders. A Nassau County shoplifting attorney can help you determine if you qualify. The goal of the program is to help offenders find services they need to avoid reoffending while helping the criminal justice system resolve cases in an efficient way.
In addition to the other penalties that the court may impose, you might have to pay restitution for the value of the items stolen. This means paying the merchant back for their direct financial losses that occurred because of your actions. You might also face civil liability.
Remember that it’s up to the state to prove the charges against you. You’re innocent until proven guilty. Some cases of shoplifting are a simple misunderstanding or even a false accusation. Your Nassau County shoplifting lawyer can help evaluate the charges against you and demand evidence from the state’s attorney in order to help you make the correct decisions as you prepare your best defense.
Why work with an attorney
New York laws change quickly. It’s important to work with an experienced attorney who knows what the laws are and what diversion programs might exist in your case. They can help you evaluate all of your options and make the correct decisions as you navigate Nassau County’s complex criminal justice system.
In addition, your attorney can review your case and advise you of viable defenses. There may be problems with the state’s evidence or defenses that could result in a finding of not guilty. If you’re facing a shoplifting charge in Nassau County or anywhere in New York, please contact us today. Our team of professional criminal attorneys is ready to spring into action to defend you to the fullest extent of the law.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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