Shoplifting/Theft

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Shoplifting and Theft Defense

Long Island / New York City Criminal Defense Attorneys

Aside from drunk driving, the most common first-time offender arrest is larceny (theft). Whether it is your first brush with the law or a repeat offense, you can benefit from the experienced representation of Grunwald & Seman, P.C. to fight the charges or soften the impact on your life.

Based in Garden City, New York we represent adults and juveniles charged with any property crime in Nassau County, Suffolk County or New York City. Our attorneys, on Grunwald and Karl Seman, are both former Nassau county prosecutors. As such, they can analyze the facts of your situation, gauge the strength of the prosecutor's case, and inform you of the likely outcome. Our goal is dismissal of charges or alternative sentences that avoid a criminal record and jail time.

Theft Charges in New York State
Theft of property can be a Class A misdemeanor (Larceny, or Petit Larceny) or a felony of various degrees (Grand Larceny), depending on what was taken, its value, and other factors.

• Larceny is defined as the unlawful taking, or trespassory taking, of another's property without their permission and with the intent to permanently deprive the owner. Shoplifting is an example, as well as theft by check. The maximum sentence for petty larceny is one year in jail (rarely the case). Depending on the value of the items and criminal history, punishment is often limited to fines, probation, and making restitution.
• Grand Larceny is the unlawful taking of property valued at $1,000 or more, or property of any value taken directly from another person (e.g., pickpocketing). This charge also applies to theft of a credit card or debit card. Conviction can carry a prison sentence of 1 to 4 years. You will need an experienced criminal defense trial lawyer to answer to these charges.
• Burglary (a Class D or higher felony) is unlawful entry into a building with the intent to commit larceny.
• Taking property from another person by force or threat is robbery, a Class D or higher felony.

Shoplifting

In a shoplifting charge or employee theft case, the store security and prosecution will be required to prove an intent to permanently deprive (steal). The mode and manner of the concealment of the item is often the key to a viable defense. Many times people simply are distracted and do not criminally realize they are taking the item, or have the required criminal intent of permanent deprivation.

A thorough examination by your criminal defense attorney will reveal the extent and often lack of criminal intent, which may be the key to defeating a shoplifting criminal conviction. In seeking legal counsel for a shoplifting arrest, make sure your attorney knows and asks the proper questions regarding concealment, criminal intent and proof of permanent deprivation.

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Our vast experience defending those accused of larceny and shoplifting reveal that most are first-time offenders, often young and/or experiencing some emotional life stress factors such as depression, mismanagement of prescribed medications, or illness. This often provides another avenue of defense — that the accused did not have the criminal intent to steal, but was medically or emotionally distracted and was not provided a sufficient opportunity to lawfully purchase the item. Stealing to support a drug or gambling habit may also be a mitigating factor at sentencing, if the defendant is amenable to treatment for the addiction.

For any theft charge, Grunwald & Seman, P.C. is prepared to mount a vigorous defense, at trial when necessary, or negotiate with prosecutors for a plea to a lesser offense (from grand larceny to petty larceny, for example).

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Free initial consultations: Contact the criminal defense attorneys at Grunwald & Seman, P.C. 24 hours a day, seven days away for immediate advice about your case.