When someone in New York is found guilty of shoplifting, they could be held civilly liable to the owner of the retail establishment for the retail price of the stolen merchandise. This will happen if the merchandise is not returned in sellable condition. They may also have to pay a penalty that doesn’t exceed the greater of five times the price of the retail item. New York puts a cap on this penalty of $500.
Petit larceny can involve theft of services that include labor, computer services transportation services, equipment and more. It could also involve supplying equipment for use on a personal or professional basis as well as supplying of hotel accommodations, entertainment, restaurant services and more.
This can involve obtaining services or property from the owner by misrepresentation that a future event will occur. In order to be found guilty, a prosecutor must prove a defendant had no intention to provide what was promised. It is not enough to show what a defendant promised was never provided.
This happens when a person obtains property or services when they cause another person to fear alleged consequences should the property or services not be provided. This could involve threats of physical harm or injury to a person or someone associated with them. Extortion can also happen when a person threatens to damage another person’s property unless they receive the property or services. This could also happen if someone threatens to publicize a secret. It does not matter if it is true or not. Extortion can involve falsely accusing a person of criminal activity and more.
In New York, petit larceny is considered the larceny crime that is the least serious. It is categorized as a class A misdemeanor. Should someone be convicted of this, it’s possible they could be incarcerated for up to twelve months. A person could also be sentenced to probation. It’s also possible for a person to serve jail time and then be given probation. When someone is convicted of petit larceny, they could be required to pay a fine. A person will also be required to pay restitution. If the value of the property or services is $100 or less, they could receive an adjournment in contemplation of dismissal (ACD). If this is granted, a person will have their case dismissed and sealed for a period of six months. The charge of petit larceny will not be part of their permanent criminal record.
Criminal Possession of Stolen Property
It is possible for a person who is charged with petit larceny to be charged with criminal possession of stolen property in the fifth degree as well. In New York, this is categorized as a Class A misdemeanor. If a person is convicted, they could be incarcerated for up to twelve months. They may also receive probation as well as serve jail time and then given probation. A person may also have to pay a fine.
Belief of Ownership Defense
It’s possible for a person to believe they owned property they are accused of taking. This could involve a transfer of property with only a verbal agreement that was misunderstood by both parties and more. In all cases, it is the responsibility of the defendant to prove they owned the property in question.
It is possible for a person to be influenced to commit a crime they would not have committed under normal circumstances. A defendant will need to show they had no previous desire to commit the crime and only did so because of the influence of an entrapping party.
Petit larceny is not as significant as other larceny convictions, but it must be taken seriously. When a person is facing this type of charge, they will need a legal professional to review their case and see if the charges can be dismissed. It’s also important to make certain the situation doesn’t have the potential to result in more serious criminal charges.