Petit larceny, also known as petty theft, is a common crime in New York. While it may not be considered as serious as grand larceny, it can still have serious consequences for those who are caught and convicted. This type of theft can occur in a variety of situations, such as shoplifting, pickpocketing, or stealing from a friend or family member. In this article, Eastcoastlaws.com will take a closer look at petit larceny in New York, including the legal definition of the crime, the potential penalties for those who are convicted, and what to do if you are facing charges for this offense. Whether you are a resident of New York or simply curious about the laws surrounding petit larceny, this article will provide you with valuable insights into this common criminal offense.
Overview Of Petit Larceny
Larceny is the legal term for theft in New York. Grand larceny and petty larceny are the two main categories of theft. If you take something, you could be charged with petit larceny under New York Penal Law 155.25. Petit larceny, on the other hand, only applies if the allegedly stolen item has a worth of less than $1,000. Otherwise, grand larceny will be charged. Petit larceny is a charge that can be committed in a variety of ways, but it is most frequently connected to shoplifting.
For example, If Bob is in a store, talking on his cell phone and wandering among the products. He starts a fascinating chat and takes up a shirt. He speaks as he leaves the store while retaining possession of the item. He returns to the store and puts the clothing back a short while later. Robert did not commit petty larceny because he had no intention of taking the clothing. He also nearly immediately returned the things.
Sentence For Petit Larceny
Larceny under $100 is a class A misdemeanor. If found guilty, the potential penalty is up to one year in prison. Also, you can receive a probationary period, be asked to perform community service, or pay a fine. You’ll also have to make amends by making restitution. The prosecution may propose an adjournment with a view to dismissal if the property’s value is $100 or less. This implies that your case will be dismissed and sealed after six months if you keep out of trouble during that time. The incident won’t be on your permanent criminal record either.
Defenses For Petit Larceny
You can have a strong defense against a shoplifting accusation if you are confronted inside the store. You must take items out of the store without paying for them in order to shoplift. You may have a strong defense against a shoplifting prosecution if you never leave the store unpaid for goods.
Lack of intent is yet another defense to a shoplifting accusation. Larceny is defined as the taking of another person’s property with the intent to deprive them of it or keep it for yourself in accordance with New York Penal Law 155.05. This implies that a shoplifting prosecution may not be appropriate if you unintentionally leave a store without paying for an item. Alternatively, you haven’t committed shoplifting if you carelessly leave a store with an item that hasn’t been paid for in your hand before hurriedly returning it.
New York Penal Code § 155.25: Petit larceny
Criminal Possession of Stolen Goods in the Fifth Degree (NY PL 165.40) and Petit Larceny (NY PL 155.25) are both class “A” misdemeanors that carry a maximum one-year prison sentence. Regardless of how little the value is, they can both be broadly seen as theft and possession of stolen items. Criminal Possession of Stolen Goods in the Fourth Degree and Grand Larceny are both class “E” felonies that carry sentences of up to four years in jail. The property must be worth more than $1,000 in order to commit these offenses.
Remember that even though your specific Desk Appearance Ticket may only include one of these crimes, prosecutors have the power and discretion to add additional crimes if they can be proven based on the specifics of your case. Whatever the alleged offense, you should speak with a skilled New York criminal defense lawyer to make sure you comprehend the arrest and Desk Appearance Ticket processes as well as the immediate and long-term repercussions of a conviction or violation.