Legal Question in Criminal Law in New York

while at a grocery store I picked up an item (worth $99.00) and started to walk out with it, the manager stopped me so I dropped it and proceded to my car and drove away- this was about a week ago- I have not heard anything from the police- who know where I live. I am wondering if I can be charged with petit larceny seeing I did'nt actually get off the property with the item, also if I can be charged what the maximum punishment would be. I am confused as to why I have not even been questioned about it.


Asked on 7/01/10, 6:15 am

2 Answers from Attorneys

peter bark bark & karpf

you do not have to leave the store to be charged. The store may not have reported it to the police. If they do report it you can receive up to one year in jail

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Answered on 7/02/10, 3:57 pm
Benjamin J. Lieberman Lieberman Law Firm PLLC

Petit Larceny is a class A misdemeanor. It can carry a sentence of up to one year in jail (though a highly unlikely sentence for a first time offender). Although technically you don�t have to leave the store in order to be charged (i.e. attempted petit larceny) it would be difficult to prove that you intended to steal if you never left the store with the item. Don�t complain that the police aren�t looking for you, but if they ultimately do don�t speak to them just say �I want a lawyer!�

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Answered on 7/15/10, 2:45 pm


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