Petty Larceny

Petty larceny is a New York criminal offense involving stealing property or services valued at $1,000 or less. This charge is a misdemeanor and can result in serious legal consequences if not properly addressed. Petty larceny can be an overwhelming and stressful experience, but fortunately, Viscosi Law is here to help.

Viscosi Law is a team of experienced criminal defense attorneys committed to protecting their client’s rights. With years of experience defending those charged with petty larceny and other criminal offenses, the team at Viscosi Law has the knowledge and expertise to provide top-notch legal representation. They understand that being accused of a crime can be a life-altering experience and are dedicated to fighting for the best possible outcome for their clients.

What is Petty Larceny

Petty larceny is a type of theft charge in New York that involves stealing property or goods that are valued at $1,000 or less. It is a misdemeanor offense that can result in severe consequences if convicted. At Viscosi Law, we understand the complexities of these charges and are committed to providing exceptional legal representation for our clients.

Petty larceny charges can result from various situations, including shoplifting, stealing items from a parked car, or taking something from someone’s home without permission. The penalties for a petty larceny conviction can include fines, community service, probation, and even jail time. Additionally, a conviction for theft can impact your reputation, job prospects, and personal relationships.

There are different types of petty larceny charges in New York, including petit larceny and criminal possession of the stolen property in the fifth degree. Petit larceny involves stealing property or goods valued at less than $1,000, while criminal possession of the stolen property in the fifth degree involves knowingly possessing stolen property to benefit oneself or someone else.

We have years of experience handling petty larceny charges at Viscosi Law and are committed to providing aggressive representation for our clients. We understand that facing criminal charges can be overwhelming, and we work tirelessly to protect your rights and ensure the best possible outcome for your case.

Types of Petty Larceny

Petty Larceny is a criminal charge in New York involving theft of property or services valued at $1,000 or less. It is a misdemeanor offense, also known as “petit larceny” or “petty theft.” There are different types of Petty Larceny charges in New York based on the nature of the offense, such as:

Shoplifting

Shoplifting is a form of theft where an individual takes merchandise from a retail store without paying for it. In New York, shoplifting is typically charged as Petit Larceny, a misdemeanor offense. Petit Larceny involves the theft of property valued at $1,000 or less.

Shoplifting charges may also be elevated to Grand Larceny in certain circumstances. Grand Larceny charges apply when the value of the stolen property exceeds $1,000, or when force or the threat of force was used during the commission of the theft. Grand Larceny is a felony offense with varying degrees of severity depending on the value of the stolen property.

The consequences of a shoplifting charge can be significant, including fines, probation, community service, and even imprisonment. A conviction for shoplifting can also have long-lasting effects on a person’s personal and professional life, including damage to their reputation and difficulty finding employment.

Pickpocketing

Pickpocketing is a form of theft that involves stealing someone’s wallet, purse, or other personal belongings from their pocket or bag without their knowledge or consent. It is a criminal offense punishable by law in many countries, including the United States.

Pickpocketing falls under the category of larceny, which is the unlawful taking of someone else’s property with the intent to deprive them of it permanently. If the property’s value is less than $1,000, it is classified as petit larceny or petty theft, which is a misdemeanor offense. The value of $1,000 or more is classified as grand theft, a felony offense.

The penalties for pickpocketing in New York depend on the value of the property stolen and other factors, such as the defendant’s criminal history. A defendant could face fines, probation, community service, and even jail time if convicted. It is essential to consult with an experienced criminal defense attorney if you are facing pickpocketing charges in New York.

Employee Theft

Employee theft, or fraud or embezzlement, refers to an employee stealing or misappropriating funds or property from their employer. This can include stealing cash, taking merchandise or equipment, falsifying invoices or expense reports, or manipulating financial records to cover up their actions.

Employee theft can occur in any industry and at any level of an organization. It can be committed by employees who have access to financial or physical assets, such as cashiers, accountants, bookkeepers, and managers.

Employee theft is considered a form of robbery and is prosecuted under the same laws as other types of theft. The severity of the charge and the potential penalties depend on the value of the stolen property and the defendant’s criminal history.

Fraudulent Returns

Fraudulent returns refer to returning a product to a store or retailer that is not eligible for a return or refund or falsely claiming that the product is defective. This is done to obtain a refund or store credit. Fraudulent returns can also include returning an item stolen or purchased with stolen funds.

Fraudulent returns are considered a form of theft and can be charged as petit larceny or grand larceny, depending on the value of the items involved. The severity of the charge can also depend on the intent and actions of the person committing the fraudulent return. Penalties can include fines, restitution, and even jail time.

Accidentally returning an item that is not eligible for a return or refund is not considered fraudulent and typically will not result in criminal charges. However, intentionally making a false claim or misrepresenting the item’s condition can result in criminal charges.

What are the Possible Charges for Petty Larceny

Petty larceny is a crime in which a person steals property worth $1,000 or less. In New York, the possible charges for petty larceny include:

1. Petit Larceny (PL): This is the most common charge for petty larceny in New York. It is a class A misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.
2. Aggravated Unlicensed Operation in the Third Degree (AUO-3): If the offender is found to be driving with a suspended or revoked license while committing the larceny, they may also be charged with AUO-3, which is a misdemeanor.
3. Unlawful Possession of Personal Identification Information in the Third Degree (UPPI-3): If the offender is found to have unlawfully possessed personal identification information (such as credit card information) while committing the larceny, they may also be charged with UPPI-3, which is a class A misdemeanor.
4. Criminal Possession of Stolen Property in the Fifth Degree (CPSP-5): If the offender is found to have possessed stolen property with a value of less than $1,000, they may also be charged with CPSP-5 is a class A misdemeanor.

It is important to note that the specific charges and potential penalties for petty larceny can vary depending on the circumstances of the offense and the offender’s criminal history.

What are the Possible Punishments for Petty Larceny

Possible punishments for Petty Larceny in New York vary depending on the severity of the offense and any prior criminal history. Here are some potential penalties:

1. Fine: Petty Larceny is a Class A misdemeanor with a maximum fine of $1,000.
2. Jail Time: A person convicted of Petty Larceny may face up to one year in jail.
3. Probation: Instead of jail time, a judge may sentence a person to probation, including community service, mandatory counseling, and regular check-ins with a probation officer.
4. Restitution: A person convicted of Petty Larceny may be required to pay restitution to the victim, which covers the value of the stolen property.
5. Criminal Record: A conviction for Petty Larceny will result in a criminal record, which can affect employment opportunities and other aspects of a person’s life.
6. Immigration Consequences: Non-citizens convicted of Petty Larceny may face immigration consequences, such as deportation.
7. Enhanced Penalties: If a person has prior criminal convictions or is found to have committed multiple acts of Petty Larceny, they may face enhanced penalties, such as longer jail time and higher fines.

Each case is unique, and the exact penalties for Petty Larceny will depend on the specific circumstances of the offense and the defendant’s criminal history. 

What are Possible Defenses for Petty Larceny

If you are charged with petty larceny in New York, there are several defenses that an experienced criminal defense attorney can use to challenge the charges against you. Here are some possible defenses that may be available in a petty larceny case:

1. Lack of Intent: Petty larceny requires that the defendant intended to steal the property in question. If you did not intend to steal, you might be able to argue that the prosecution has not met its burden of proof.
2. Mistake of Fact: If you took the property under the mistaken belief that it belonged to you or that you had a right to take it, you might be able to use a mistake of fact defense.
3. Consent: If you took the property with the owner’s permission, you might be able to argue that you did not commit theft.
4. Duress or Coercion: If someone forced or coerced you into committing the theft, you may be able to use a duress or coercion defense.
5. Insufficient Evidence: If the prosecution does not have enough evidence to prove the elements of the crime, your attorney may be able to argue that the charges should be dropped.
6. Constitutional Violations: If your rights were violated during the investigation or arrest, your attorney may be able to argue that any evidence obtained should be suppressed.

Contact Viscosi Law Today!

If you or someone you know is facing charges for petty larceny in New York, it is important to seek the help of an experienced criminal defense attorney. The legal team at Viscose Law has the knowledge and expertise to provide effective representation and fight for your rights.

Petty larceny charges can have serious consequences, including fines, community service, and even imprisonment. The attorneys at Viscose Law understand the gravity of these charges and will work tirelessly to build a strong defense on your behalf.

Don’t leave your future to chance. Contact Viscose Law today to schedule a consultation and learn how we can help you navigate the legal process and achieve the best possible outcome for your case. With our dedicated and personalized approach, you can rest assured that you will have a strong and effective legal advocate on your side.