Theft & Property
Petit Larceny / Shoplifting
Shoplifting charges happen to people from every walk of life — students, working parents, professionals, and seniors. A momentary lapse in judgment, a genuine misunderstanding, or a desperate situation can result in an arrest that feels wildly disproportionate to what happened. And yet in New York, even taking something worth $10 from a store is a Class A misdemeanor — the same classification as many other serious criminal offenses.
What surprises most people is this: a shoplifting conviction in New York stays on your permanent criminal record. There is no expungement in New York for most convictions. That record can affect your ability to get a job, rent an apartment, or maintain a professional license for years to come. It should not be treated lightly — and it should not be handled without an attorney.
What Is Petit Larceny in New York?
Petit Larceny (New York Penal Law § 155.25) is the theft of property valued at less than $1,000. It is a Class A misdemeanor carrying:
- Up to 1 year in jail
- Fine up to $1,000
- Probation
- Permanent criminal record
- Civil demand letters from retail loss prevention (a separate issue from the criminal case)
Above $1,000
Theft of property valued at $1,000 or more becomes Grand Larceny — a felony — with significantly more serious consequences.
What Happens After a Shoplifting Arrest
In most retail theft cases, loss prevention detains the person, calls police, and an arrest is made. You may be issued an appearance ticket (desk appearance ticket) for a future court date, or depending on the circumstances, held and arraigned.
Civil demand letters often arrive in the mail from the retailer's attorney separately from the criminal case — these can generally be addressed without the need for a large payment, and your criminal case is entirely independent of any civil demand.
How These Cases Are Defended
Effective shoplifting defense focuses on: the intent element (did you intend to steal, or was there a legitimate misunderstanding?); the store's own policies and procedures; the reliability of the loss prevention report; and whether any video evidence supports or contradicts the account. For first-time offenders with no prior record, a conditional discharge or an adjournment in contemplation of dismissal (ACD) is often achievable — meaning the case is dismissed after a period of good behavior with no conviction on your record.
Frequently asked questions
Speak with Yvonne directly
Do not let a shoplifting charge follow you for the rest of your life. Call (845) 290-2492 today. Se habla español.