The names theft goes by
Most charges for theft in New York are larceny, divided into petit larceny and several degrees of grand larceny based mainly on value and on certain kinds of property. Shoplifting is usually charged as petit larceny. Having property you know was stolen is a separate offense, criminal possession of stolen property, which can apply even when nobody claims you took it. Avoiding payment for services, such as a fare, a meal, or a utility, is generally charged as theft of services. Identity theft and certain fraud charges overlap with theft but carry their own rules. A single incident can result in more than one of these charges, filed together.
How the case begins
For lower-level theft charges in New York, people are often given a desk appearance ticket with a date to appear in court, rather than being held for arraignment right away. More serious charges usually begin with an arrest and an arraignment, where release conditions are set. In both situations the first court date matters, and missing it can lead to a warrant. Bring every paper you were given, including any receipt for property taken by the police. If a store sends a civil demand letter asking for payment, bring that too, since retailers sometimes pursue those separately and they are not part of the criminal case.
Sorting out what matters most
We start by confirming exactly which charges were filed and what degree each one is, because the degree affects everything from the court the case is in to how it might be resolved. We review what the evidence shows about value and intent, and whether there is video, a witness, or a statement the case depends on. If you are not a citizen or work in a job that screens for theft offenses, we raise that immediately, since the effect of a theft charge on immigration status or licensing can be larger than the charge itself. We also discuss whether an outcome that avoids a conviction may be available, and what it would require.
