Got Caught Stealing Again

[Boogiedown00]

My question involves criminal law for the state of: new York
Ok so I got caught stealing the first time was at jcpenny in new jersey. I went to court and hired a lawyer she was able to reduced my charges to a "creating a distrubant" and paid a fine so i didnt get charged for shoplifting since it was my first time. That was a lil over a year ago. Last week I
Got caught stealing $190 worth of stuff at Sephora in upstate NY. The LP brought me to the back questioned me and the cops came and questioned me some more. They gave me a ticket and a no trespass paper n then let me go. My court date is next month so my question is will this count as a second offense? It shouldn't because I didn't get charge for shoplifting the first time so I'm thinking I might be charge with first offense and just pay a fine? I really don't know could anyone help? Please thanks

[jk]

It shouldn't because I didn't get charge for shoplifting

actually, you did initially get charged with shoplifting. You were found guilty of creating a disturbance.

as to how it affects your current situation; not sure. I would have to guess that it will not count as a second offense of shoplifting since you were not convicted of shoplifting on the first issue. Of course, depending on how the statement is worded, being charged may be enough to count as the first offense.

Your records from the first incident will show the original charges and the ultimate disposition so lying about it would not be a good idea, just in case that was on your mind.
I have to guess your charge is petit larceny. The statute states that is a class A misdemeanor. I do not see an enhancement if it is your second or such violation. Are you speaking to simply the possible punitive actions?

Quoting New York Penal Code Section S 70.15 - Sentences of imprisonment for misdemeanors and violation.

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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.

If creating a nuisance would be a class A misdemeanor in NY, that will be considered a second offense. It does not have to be petit larceny specifically. If the first incident is more than 5 years ago, it is not considered.

[Boogiedown00]

actually, you did initially get charged with shoplifting. You were found guilty of creating a disturbance.

as to how it affects your current situation; not sure. I would have to guess that it will not count as a second offense of shoplifting since you were not convicted of shoplifting on the first issue. Of course, depending on how the statement is worded, being charged may be enough to count as the first offense.

Your records from the first incident will show the original charges and the ultimate disposition so lying about it would not be a good idea, just in case that was on your mind.
I have to guess your charge is petit larceny. The statute states that is a class A misdemeanor. I do not see an enhancement if it is your second or such violation. Are you speaking to simply the possible punitive actions?



If creating a nuisance would be a class A misdemeanor in NY, that will be considered a second offense. It does not have to be petit larceny specifically. If the first incident is more than 5 years ago, it is not considered.

Yea the first incident was in nj tho not ny idk if that matters at all so u think that I might get charge with a first offense this time? I dont mind paying the fine but I really don't want any community service or probation time. I mean $190 is not a big amount they didn't even bring me back to the police station or fingers print me.

[PandorasBox]

You can expect the mugshot and fingerprinting to be ordered at your sentencing. Just for the record, since the cops came - you were technically arrested and released on recognizance, meaning you have enough ties to the community to not be a flight risk.

$190 is a big amount actually. And the prosecutors and judge will make note of the amount. And they will note that $190, plus your original record = habitual shoplifter.

You can expect to receive a Civil Demand notice in the mail. This is separate from the criminal charge. You can expect court costs and fines, and possibly community service, probation, anti-shoplifting class. That $190 is going to cost you atleast $1000, not counting hiring an attorney.

[tc498]

It's a long shot but ask the lawyer about an acd or maybe a reduction to disorderly conduct which is a non criminal offense in ny. The court gonna see the other theft charge and it can affect this case. It could be a fine and maybe community service,probation and shop lifting class. The community service might help you get no probation or a conditional discharge which is sort of like probation but you don't have a po or anything.