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
Is shoplifting a criminal offense in New York?
Yes. Petit larceny — theft of property valued under $1,000 — is a Class A misdemeanor in New York. A conviction results in a permanent criminal record. This is not a minor matter.
Can a shoplifting charge be dismissed in New York?
Yes, for many first-time offenders. An Adjournment in Contemplation of Dismissal (ACD) is a common resolution that allows the case to be dismissed and sealed after a period of good behavior. This is not automatic — it requires negotiation with the prosecutor — but it is a realistic goal for clients with no prior record.
Do I have to pay the civil demand letter from the store?
Civil demand letters are a separate matter from the criminal case. You are not required to pay them, and paying them does not affect your criminal case in any direction. However, ignoring them entirely is not advisable. An attorney can advise you on how to respond to any civil demand appropriately.
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.