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A Closer Look at the New York Shoplifting Statutes

4/8/2014

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Shoplifting is prosecuted in New York under two statutes, NY Penal Law § 155.25 – Petit Larceny and NY Penal Law § 165.40 – Criminal Possession of Stolen Property in the Fifth Degree. The statutes provides as follows:

  • § 155.25 Petit Larceny: A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor.
  • § 165.40 Criminal Possession of Stolen Property in the Fifth Degree: A person is  guilty of criminal possession of stolen property in the  fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. Criminal possession of stolen property in the fifth degree is a class A misdemeanor.

While the Petit Larceny statute is straightforward the Criminal Possession of Stolen Property statute is a bit more nuanced. Notably, the NY Penal Law § 165.40 includes a prohibition against possessing stolen property with an “intent to impede recovery of the stolen item.” Practically, this enables proof of hiding the stolen object or another form of concealment to serve as evidence of the criminal possession.

Both NY Penal Law § 155.25 and § 165.40 serve as the “catch-all” statutes for the least serious criminal offenses relating to possession of stolen property and larceny. Both statutes are classified as A misdemeanors which can carry a sentence of up to one year incarceration. However, various factors can raise the accused criminal action to a more serious offense. For example, if the value of the stolen property exceeds one thousand dollars, the offense rises to NY Penal Law § 155.30 – Grand Larceny in the Fourth degree or NY Penal Law § 165.45 – Criminal Possession of Stolen Property in the Fourth degree. Each of these fourth degree crimes are classified as an E Felony and carry a potential period of incarceration of one and a half to two years.

 With regard to both Larceny and Criminal Possession of Stolen property offenses, there are many factors which can increase the severity of the criminal charges and thereby escalate the resulting sentence. It is important to contact an attorney to understand the  legal implications and determine the best strategy to fight the charges.

 If you, or someone you know has been arrested and charged with Petit Larceny of Criminal Possession of Stolen Property, contact our office today to schedule a free consultation with one of our Criminal Defense Attorneys.

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A Look at New York's Robbery Statutes

10/1/2013

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New York takes a tough stance when it comes to Robbery and treats Robbery offenses more severely than other theft offenses. Theft crimes, such as Larceny, Fraud and Possession of Stolen Property are classified as either misdemeanors or felonies depending on the value of the stolen property. Robbery offenses, however, are all classified felonies. Even f the value of the stolen property is one dollar, the resulting Robbery charge is a felony offense. It is therefore crucial to understand the Robbery statutes and the actions which form the elements of these felony crimes.

New York Penal Law § 160.000, defines Robbery as forcible stealing. The New York Legislature describes forcible stealing as, when in the course of committing a larceny, a person uses or threatens the immediate use of physical force upon another for the purpose of either preventing resistance to the taking of the property of compelling the delivery of such property. Although all Robbery crimes are felonies, the legislature determined each felony classification based on a victim’s physical injuries, the number robbers present and whether the actor used or threatened use of a weapon.

The broadest Robbery offense is NY Penal Law § 160.05 Robbery in the Third Degree. A person is guilty Robbery in the Third Degree when he or she forcibly steals property. This is the most general of the three Robbery statutes and is classified as a D felony.

A person is guilty of NY Penal Law § 160.10 Robbery in the Second Degree, a class C felony, when he or she forcibly steals and either:
  1. Is aided by another person actually present; or
  2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b)  Displays what appears to be a pistol, revolver, rifle, shotgun,   machine gun or other firearm; or
  3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

 Finally, a person is guilty of NY Penal Law § 160.15 Robbery in the First Degree, a class B felony, when he or she forcibly steals property and when, in the course of the commission of  the  crime or of immediate flight  therefrom,  he  or another participant in the crime either:
  1. Causes serious physical injury to any person who is not a participant in the crime; or
  2. Is armed with a deadly weapon; or
  3. Uses or threatens the immediate use of a dangerous instrument; or
  4. Displays  what  appears  to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under  this subdivision,  it  is  an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was  not  a  loaded  weapon from  which  a shot, readily capable of producing death or other serious physical  injury,  could  be  discharged. Nothing contained in   this subdivision shall constitute a defense to a prosecution for, or preclude a  conviction  of,  robbery  in  the second degree, robbery in the third degree or any other crime.

If you or anyone you know has been arrested and charged with Robbery, you should immediately contact a Criminal Defense Attorney to discuss the case. The repercussions of a conviction are serious and can include a lengthy sentence of imprisonment. Call today for a free consultation with one of our criminal defense lawyers to learn how we can help.


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    Fuld Disclosure
    A Legal Blog


    About the Author

    Prior to joining the office, Judah Fuld served as the Law Clerk to the Honorable David H. Ironson, Superior Court of New Jersey, Criminal Division. Judah first appeared in court as a member of the Fordham Criminal Defense Clinic and has since expanded his work to various areas of criminal and civil law. 

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