This blog post explores how stores in New York may wait until a shoplifter has stolen a felony amount before pressing charges.
Shoplifting, or retail theft, refers to the act of unlawfully taking merchandise from a store without paying for it. In New York, shoplifting is generally considered a crime, and offenders can face legal consequences depending on the value of the stolen goods.
Understanding the Legal Distinction Between Misdemeanor and Felony Shoplifting in New York
The distinction between misdemeanor and felony shoplifting lies in the monetary value of the stolen items. In New York, the offense is considered a misdemeanor if the value of the stolen goods is below a certain threshold ($1,000.00). If the value exceeds this threshold ($1,000.00), the offense becomes a felony, and the shoplifter can be charged with felony grand larceny.
Wait‑and‑Watch: New York’s Approach to Shoplifting and the Felony Threshold
One intriguing aspect of New York's shoplifting laws is that stores may choose to adopt a wait‑and‑watch approach before pressing charges against shoplifters. This approach involves allowing the individual to shoplift goods until they surpass the felony threshold before contacting law enforcement.
The reasoning behind this approach stems from several factors. First, stores may want to gather sufficient evidence to build a strong case against the shoplifter. This can involve video surveillance footage, eyewitness testimonies, or documenting multiple instances of theft. By allowing the shoplifter to accumulate a felony amount, stores have stronger evidence to support the charges.
The Impact of Exceeding the Felony Threshold for Shoplifting
Second, waiting until the felony threshold is surpassed can lead to more severe penalties for the shoplifter. A felony charge carries more significant consequences, including potential jail time and a permanent criminal record. This acts as a deterrent and sends a strong message to potential shoplifters, aiming to reduce theft instances.
These days, surveillance cameras are installed in most establishments to monitor and document shoplifter activity. Shoplifters are unaware that someone may be observing them from a distance with many cameras or powerful equipment and filming their illegal activities. Large supermarkets and electronics retailers like Target, Best Buy, and Walmart use security cameras and other tools to keep an eye out for shoplifters. To identify recurring criminals and prevent them from entering their establishments, some retailers may also install face recognition software.
Legal Process and Consequences for Shoplifting
Once the shoplifter surpasses the felony threshold, the store can involve law enforcement. The police will initiate an investigation, gather evidence, and arrest the shoplifter. Subsequently, the case will proceed through the legal system. Shoplifting charges can carry significant penalties, ranging from fines and probation to potential imprisonment, depending on the circumstances and value of the stolen goods. In New York, the severity of the offense is determined by the value of the stolen items, with a threshold separating misdemeanor and felony charges. Stores may choose to wait until a shoplifter accumulates a felony amount before pressing charges, aiming to build a stronger case and potentially deter future thefts.
If you have been charged with shoplifting in New York, it is imperative to seek competent legal counsel as soon as possible—an experienced attorney such as LAW OFFICES OF ALAN J. SCHWARTZ. P.C. will provide you with expert guidance, protect your rights, and work tirelessly to achieve the best possible outcome for your case. Facing criminal charges is a serious matter, and having a skilled advocate in your corner can make a significant difference. Remember, reaching out to competent counsel is a crucial step in ensuring that your rights are safeguarded throughout the legal process.
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