For example, a person who commits fourth-degree grand larceny, having already been convicted of felony larceny, faces a minimum sentence of three years in prison. Like many states, New York shoplifting laws provide for both criminal and civil penalties. New York penalizes shoplifting as a larceny offense. The criminal penalties for shoplifting are based on the value of the merchandise involved. See above for larceny penalties.
Although many states treat shoplifting as a misdemeanor, it's not difficult to see how quickly shoplifting can become a serious felony in New York. In addition to shoplifting, New York also punishes criminal possession of an anti-security item like a coated bag or security tag remover , when the person intends to use the device to steal merchandise.
In addition to criminal penalties for larceny as described above , a person who commits shoplifting in New York or the parent or legal guardian of a minor who commits shoplifting may be held civilly liable to the store owner or merchant for the following:. If you've been charged with larceny or a related offense, such as embezzlement or shoplifting, contact a local criminal defense attorney as soon as possible. An experienced attorney can guide you through the local court process, explain your constitutional rights, and discuss any potential defenses for your unique circumstances.
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Grand larceny in the fourth degree. Grand larceny in the third degree. There are two general types of larceny: petit larceny and grand larceny. This is the charge that is most often applied to cases of shoplifting from retail stores. Because retail stores suffer significant financial losses from shoplifting, retail establishments are aggressively fighting shoplifting by using both theft prevention technology such as cameras, sensor tags and doorway checkpoints, as well as uniformed and undercover security guards to try to catch people suspected of stealing merchandise.
In addition to the criminal charges that you may face if you are suspected of shoplifting, you also may face civil action. Under New York law the victim of theft can sue for five times the amount of the items stolen. To help stop shoplifting, retail stores often employ security guards to investigate suspected shoplifting cases. You may not always recognize the security guards as some will be in uniforms and others may not wear uniforms.
If a security guard has reason to believe that you have shoplifted, the guard has the authority to stop you, detain you and investigate. However, security guards must act reasonably.
Unfortunately, when retail store security guards suspect someone of shoplifting, they can get very aggressive. They employ tactics designed to scare you and coerce you to confess. One tactic is to detain you in a manner that is not reasonable. For example, a store may not detain you for an unreasonable length of time.
You may be detained only long enough for the store to investigate the incident and for the police to arrive. The store may not, however, wait an unreasonably long time to contact the police and detain you in the meantime. The store may not use excessive force in the process of detaining you.
In appropriate cases handcuffs or other physical restraints may be used. The store can pat you down to determine if you are carrying a weapon. However, the store may not use excessive force such as using the handcuffs improperly or choke you.
Excessive force can also include using racial slurs, threats or other types of foul language. Another tactic used by stores is to ask you to sign a confession. The store security guard may tell you that you will not be permitted to leave the store until you sign the confession. The guard may even tell you that if you sign a confession, you will not be arrested. This is likely not true. Furthermore, while the retail staff is legally permitted to detain you until the police arrive, it cannot make you sign a confession.
The store may also try to get you to sign a document stating that you will not return to the store or to the shopping center for a period of time, often years.
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