Can You Be Arrested for Petty Theft in New York?

Introduction

Petty theft, also known as petit larceny, is a relatively common crime in New York. But what exactly constitutes petty theft under New York law? What are the potential penalties if you are convicted? And can you actually be arrested for this misdemeanor offense? At Spodek Law Group, we understand the stress and anxiety that comes with being accused of any crime, even a low-level theft crime. Our experienced New York criminal defense attorneys are here to explain the law and protect your rights.

What is Petit Larceny in New York?

Under New York Penal Law Section 155.25, a person is guilty of petit larceny when they steal property with a value of $1,000 or less. This is a class A misdemeanor offense. Some common examples of petit larceny include:

• Shoplifting merchandise valued at $1,000 or less from a store
• Pickpocketing a wallet or purse containing less than $1,000
• Stealing a bicycle or other personal property worth $1,000 or less

It's important to note that the $1,000 threshold is key - stealing property valued at more than $1,000 would be charged as grand larceny, a felony offense with harsher potential penalties.

Penalties for Petit Larceny

While petit larceny is a misdemeanor rather than a felony, a conviction can still result in serious criminal penalties, including:

• Up to 364 days in jail
• A fine of up to $1,000
• Restitution to the victim
• Probation of up to 3 years

Having a petit larceny conviction on your record can also impact your ability to find employment, housing, and educational opportunities in the future. It's not something to take lightly.

Can You Be Arrested for Petit Larceny?

Yes, you absolutely can be arrested for petit larceny in New York, even though it is a misdemeanor offense. After being caught shoplifting or pickpocketing, for example, the police may place you under arrest and take you into custody.In some cases, the police may issue you a Desk Appearance Ticket (DAT) which allows you to be released from custody with a future court date to appear for your arraignment. But an arrest and being taken into custody is also a very real possibility.If you are arrested, it is crucial that you exercise your right to remain silent. Do not make any statements to the police, as anything you say can be used against you. Politely inform the officers that you will not answer questions without an attorney present. Then contact a skilled petit larceny defense lawyer as soon as possible.

Defenses to Petit Larceny Charges

Just because you have been arrested for petit larceny does not mean you will necessarily be convicted. Depending on the specific facts of your case, there may be viable defenses that our attorneys can raise on your behalf. Some potential defenses include:

• Lack of intent to steal the property
• Mistaken identity / not the person who committed the theft
• Entrapment or duress
• Violations of your constitutional rights during the arrest
• Challenging the value of the allegedly stolen property

Every case is unique. When you hire Spodek Law Group to defend you, we will carefully examine all the evidence and build the strongest possible defense based on the circumstances. Our goal is always to pursue the most favorable outcome, whether that means getting the charges dismissed, securing an acquittal at trial, or negotiating a plea to reduced charges.

Why Hire Spodek Law Group?

Facing petit larceny charges in New York can be daunting, but you don't have to go through it alone. With the help of our skilled attorneys at Spodek Law Group, we can guide you through the criminal justice process and fight for your rights at every stage.Here are a few key reasons why clients facing theft charges choose us:

• Extensive experience handling misdemeanor and felony theft cases
• Former prosecutors on our team who understand how the other side thinks
• Personalized attention and aggressive advocacy for every client
• Reasonable fees and flexible payment plans
• Available 24/7 to take your call

If you or a loved one has been arrested for petit larceny in New York, don't wait to get the legal representation you need. Contact Spodek Law Group today at 212-300-5196 for a free and confidential consultation. Let us put our knowledge and experience to work for you.