Shoplifting is somewhat of a euphemistic word, conjuring images of children stealing candy bars from convenience stores. The legal words for shoplifting is actually larceny, and it carries severe criminal penalties depending on the value of the property that was stolen. Criminal penalties aside, shoplifters (or the parents of minor shoplifters) can be sued by merchants in civil actions to recover the value of any property that was stolen and not returned.
Criminal Penalties For Larceny
The criminal penalties for larceny vary depending on the value of the property that was stolen.
- Petit Larceny – Petit larceny applies to theft of property with a value of $1,000 or less and is a class A misdemeanor. It is punishable with a fine of up to $1,000 and up to 1 year in prison.
- Grand Larceny in the Fourth Degree – Grand larceny in the fourth degree applies to theft of property with a value of more than $1,000 up to $3,000 and is a class E felony. It is punishable with a fine of the greater of $5,000 or double the value of stolen property and up to 4 years in prison.
- Grand Larceny in the Third Degree – Grand larceny in the third degree applies to theft of property with a value of more than $3,000 up to $50,000 and is a class D felony. It is punishable with a fine of the greater of $5,000 or double the value of stolen property and up to 7 years in prison.
There are two more levels of grand larceny for theft of property greater than $50,000, but they are generally associated with white collar crimes such as embezzlement and fraud because the large dollar amounts involved.
It is important to note, however, that larceny is a cumulative crime. For example, if you steal $100 worth of merchandise from the same store every day for 31 days, you have stolen $3,100 worth of property and have committed grand larceny in the third degree rather than 31 counts of petit larceny. So it still conceivable that repeated theft of high value property could result in more serious larceny charges.
Despite its benign-sounding name, shoplifting is a serious crime that can carry serious penalties. If you are facing larceny charges, an experienced criminal defense attorney can help protect your rights and help manage the situation. In certain cases of petit larceny, a criminal defense attorney may even be able to help avoid a criminal conviction.