[MSPointFiveOAE]

A member of my family committed shoplifting at a department store in New York State and has an upcoming court hearing. This is only her first time and the product she took was under $100 retail value. What sort of punishments can she face in this case in New York? Can a lawyer in this case atleast take away a jail sentence? I'm really concerned for her because her parents do not know about this yet. Please if somebody can give an advice it would be appreciated.

[aaron]

What statute is your friend charged with violating?

[MSPointFiveOAE]

Violation of New York State Penal Code Article 155.25. Specifically the charge is a Class A misdemeanor. Just to give a more specific detail, the total retail price shoplifted was $49.50.

I read some other forums and read very similar cases however the replies about possible punishments all fluctuate and vary (I guess because every states' laws all somewhat differ from one another). So in your opinion, what is the flat out possible punishment? Although she wishes to plead guilty, should she hire a lawyer or contact the free public defense laywer?

[aaron]

That statute provides:

A person is guilty of petit larceny when he steals property.
Petit larceny is a class A misdemeanor.

Accordingly,

1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.

Thus, a sentence could range from probation to one year in jail, with assessments of fines and court costs.

The outcome would likely be most affected by her past record, if any. A local lawyer should be able to give her a pretty good estimate of her likely final sentence, along with informing her of any altnernative sentencing options that might be available.

[Chewie73]

I can say from experience, I've seen much more serious issues be dismissed under an ACD (Adjornment in Conteplation of Dismissal). The lawyer can argue the facts of a first time offender, offer restitution, and community service instead of jail or probation. ACD would usually be a 6 month, keep-my-nose clean deal. At the end, it all disappears.

[chickie123]

can you let me/us know what the outcome was of all this?

i know someone in a similar situation and would like to know what became of your family member.

[NeedyourhelpNOW]

Yeaaaa.... I'm in NYS and just got charged with Grand Larceny in the 4th degree, and Something Robbery in the 3rd degree..... Pleading guilty me and my friend did do it. About $2000 worth of stuff, $1500 of it HAS been returned, only thing missing is a gold bracelet with rubies. I confessed before the cops got to me. First time offense for both of us. Most likely going to get charged with Petit Larceny and the Robbery charge. IDC about what I'll have to serve, inputs good tho. But how much do you think I'll have to pay in fines/restitution?