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Queens Shoplifting Lawyers
Clothing, jewelry, handbags and other fashion accessories are renowned staples of the New York retail scene. Merchants of these and other goods rely on shoplifting laws and prosecutions to protect their inventory and bottom line. If you encounter charges of stealing from retailers, a queens shoplifting lawyer can shepherd you into defeating the charges or limiting the consequences for you.
What is “Shoplifting”?
In New York, shoplifting falls under the umbrella of “larceny.” As in most states, you can be convicted of larceny if you wrongfully take away or keep another’s (the store’s) property with
the intent to deprive the owner of that property. [1]
Actually getting out of the store isn’t required to constitute larceny. The prosecutor can prove your intent to deprive the owner when you hide or take anti-theft devices off the merchandise. Larceny can also happen when you switch price tags. If you know that the employee doesn’t charge you correctly, you must correct the error or else you may face conviction.
While you don’t think of it as strictly “shoplifting,” the Penal Code considers obtaining property by a “bad check” as larceny. Section 190.05 of the Penal Code says you write a “bad check” when you know you lack sufficient funds at the time you present it, you intend or believe at the time you present it that the bank will refuse it, and the bank in fact refuses it. [2] Typically, you don’t have enough in the account, you don’t have one, or you closed it.
Criminal Penalties
The punishment for larceny depends largely on the value of what you’re accused to taking. [1]
“Petit larceny” means you took something small, which means no more than $1,000 in value. It carries maximum penalties of one year in jail and a $1,000 fine.
For items between $1,001 and $3,000, the shoplifting becomes “Grand larceny in the fourth degree” and subjects you to as much as four years in prison. The maximum confinement rises to seven years for “Grand larceny in the third degree,” where the value ranges from $3,001 to $50,000. Grand larceny graduates to “second degree” thereafter and a maximum 15-year prison term for values up to $1 million.
If you somehow shoplift something worth more than $1 million, you have committed “Grand larceny in the first degree” with imprisonment lasting up to 25 years.
Civil Liability
In addition, there is a civil side to shoplifting. Retailers can bring lawsuits against shoplifters and, if the shoplifter is not older than 16 and is not emancipated, against the parents or guardian. [3] The judgment is the retail price (up to $1,500) unless the merchant gets it back a condition for selling. In addition, you face a civil penalty of the greater of $75 or five times the price of the merchandise, up to a maximum amount of $500.
The retailer can sue without a conviction or charge. Unlike the prosecutor, the shopkeeper need only prove that it was more likely than not that you (or your minor) shoplifted. This is less than “beyond a reasonable doubt” in criminal cases.
Some merchants will try to get you to pay or will allow you to negotiate, even before taking out charges or suing. New York law allows one to hold you upon a reasonable belief that you shoplifted. However, the courts may not look kindly upon demands for payment or signed confessions while they hold you. [4] Thus, don’t feel compelled to sign away rights or admit guilt right then.
Responding to a suit or threatened one doesn’t expose you to a conviction. Section 11-105(12) of the General Obligations Law provides that your testimony in a civil case, the fact that you settled or tried to settle, and anything you say in negotiations cannot be used as evidence in a criminal prosecution. [5]
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Defenses
Many defenses involve the issue of whether you intended to deprive the owner of the merchandise. Since intent is an element of larceny, you don’t have to prove that you lacked larcenous intent.
By virtue of penal law Section 155.15, you can defeat a larceny by trespassory taking prosecution if you possessed a good faith belief that you were entitled to possess or take the merchandise. [6] This “claim of right” may arise, for instance, if a manager or supervisor permitted you to take the item without paying in full. Also, a belief backed with some facts that you met the sale terms may help create reasonable doubt of your intent to shoplift.
Defendants may find themselves the victims of the optics of having shoplifted. A sudden emergency or urgent smart phone call causes you to rush out of the store before paying. Unbeknownst to you, something small falls into your purse. Perhaps your toddler or young child appropriates a toy and leaves the store without paying for it. These and similar scenarios suggest you didn’t intent to unlawfully take the merchandise.
Back to the bad check theory of larceny. You may defend based on the good faith belief that you had enough money in the account to cover the check. Through a bank error, your check was not deposited correctly. Math errors may lead you to a belief your account had enough. Identify or card thieves have raided your funds and you don’t discover it until later, even after you’re charged with larceny.
As a general rule, don’t count on returning the property or payment after being charged for a dismissal or not guilty verdict. However, these gestures might mitigate your sentence.
Talk to one of our shoplifting attorneys about defending or lessening the impact of a shoplifting charge.
