Theft by Misdemeanor Crimes

Anyone accused of a crime should be treated equally in the eyes of the law. The reality of the world, however, is that for some people an arrest or conviction for any crime may have secondary or collateral consequences greater than others charged with the exact same offense. It is not the criminal justice system treating him or her any differently, but employers, the federal government or any organization that monitors or licenses certain careers that may do so. For example, a doctor, lawyer, teacher, financial services professional or any other professional who holds a license, may face much graver consequences for a theft or larceny related arrest than their non-professional counterpart.

Do not be foolish. Do not be naïve. Do not be ignorant of the law. An arrest need not be a felony to derail a career. In fact, even if you are not a professional, a misdemeanor arrest or conviction can have devastating implications on other areas of your life such as your legal status in the United States. All of these reasons should make it overwhelmingly clear why having a skilled and experienced criminal defense attorney at your side and a thorough understanding of the criminal process is a critical part of any viable defense.

• Collateral & Secondary Career Consequences to a Shoplifting or other Misdemeanor Theft Arrest
• Collateral & Secondary Immigration Consequences to a Shoplifting or other Misdemeanor Theft Arrest

Putting aside the consequences both long term and immediate, what are some of the misdemeanor theft and larceny crimes that you may face in New York City or anywhere else in the State of New York? What is the potential punishment or sentence for a New York theft arrest?

Addressing these questions in the reverse, the vast majority of New York misdemeanor larceny crimes that you and your criminal attorney will face are “A” misdemeanors. These crimes are punishable by a sentence not to exceed one year in a county jail. Each county has its respective facility such as Rikers Island (all of New York City) or the Westchester County Jail.

The list of misdemeanor crimes involving theft and larceny is fairly long. Some of the more common offenses include:

• Petit Larceny (New York Penal Law 155.25)
• Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40)
• Theft of Services (New York Penal Law 165.15)
• Fraudulent Accosting (New York Penal Law 165.30)
• Issuing a Bad Check (New York Penal Law 190.05 - “B” misdemeanor)

Beyond the list above, one of the more common “catch all” crimes, although not an actual Penal Law offense, is misdemeanor shoplifting. Assuming a shoplifting theft is no more than $1,000.00, prosecutors will charge you with both NY PL 165.40 and NY PL 155.25.

In many of New York City misdemeanor arrest cases you may receive a Desk Appearance Ticket after you are fingerprinted and processed. In no way is this a guaranteed means by which you will be processed, but it is almost always preferable. In the event you are able, discuss how you may be eligible for a DAT with your criminal lawyer.

Whatever misdemeanor crime you are charged with it is “real.” In all likelihood its not just going to “go away.” To protect your career, livelihood and future, identify and implement a defense whatever it may be.

Contact the Larceny Defense Lawyers and Former Manhattan Prosecutors at 212.312.7129 or Contact Us Online Today.