People are most often arrested for shoplifting once they conceal an item and pass the point of purchase. If someone carries an unpaid for item past the cash register but not necessarily out of the store, they can still be arrested and charged with shoplifting, or Petit Larcey, as it is called in the Penal Law.
If someone is arrested after concealing an item but before passing the point of purchase, the more accurate charge against them would be Attempted Petit Larceny, although sometimes police officers charge the completed crime of Petit Larceny in those situations.
In that case, a competent defense attorney would argue that the crime was never completed and/or that our client had every intention of paying for the item.
If you or someone you know if facing a charge of shoplifting give us a call as soon as possible at (631) 979-7777.