The tens of millions of dollars, if not more, are spent policing New York’s department and retails stores against shoplifting. With security officers routinely apprehending customers in such stores as Century 21, Bloomingdales and Macys in Manhattan as well as similar stores in Brooklyn, Westchester and Queens, it is no surprise that police are arresting and Assistant District Attorneys are prosecuting Petit Larceny and Criminal Possession of Stolen Property crimes with regularity. Baring these arrests being made for felony shoplifting in excess of $1,000 (Grand Larceny and felony Criminal Possession of stolen Property crimes such as NY PL 155.30(1) and NY PL 165.45(1)), the usual arrest or Desk Appearance Ticket charges for a shoplifter are the misdemeanor crimes of Petit Larceny (NY PL 155.25) and Criminal Possession of Stolen Property in the Fifth Degree (NY PL. 165.40). However, in certain circumstances, regardless of the felony or misdemeanor shoplifting theft charge you face, another crime can end up on the criminal court complaint.
A crime that New York shoplifting lawyers often see added onto these crimes involves incidents where you are accused of cutting off tags, sensors and security devices. As a preliminary matter, the value of the property stolen still dictates the larceny charge, but those theft charges will not be the only ones. Further, the possession of these tools to remove tags and sensors can complicate your case from a practical position. For example, it is easier to argue a New York City shoplifting arrest was a lapse in judgement, misunderstanding or a genuine mistake if you walked off with clothing. These same actions are more difficult to mitigate or challenge legally if in your purse or bag you are in possession of the scissors, screw driver, clippers, etc. On its face it appears that your actions may have been more premeditated.