Legal Defenses Against First-Offense Shoplifting Charges in New York

Being charged with shoplifting can be an overwhelming and frightening experience. Many people accused of this crime have never been involved with the criminal justice system before and may have made an honest mistake, acted on impulse, or been wrongly accused. In New York, shoplifting is generally prosecuted under the state’s theft laws as petit larceny, a misdemeanor offense that can carry serious consequences, including fines, community service, probation, or even jail time. However, several legal defenses may be available to challenge a first-offense shoplifting charge and protect your future. If you or a family member has been arrested for shoplifting in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with an experienced and dedicated Goshen shoplifting defense lawyer.

The Presumption of Innocence and Common Defenses to Shoplifting Charges

One of the most important things to understand about shoplifting cases is that the prosecution bears the burden of proving the charge beyond a reasonable doubt. In the context of shoplifting, this usually means proving that you intentionally took merchandise from a store without paying for it and with the intent to permanently deprive the store of its property. If there is doubt about your intent, or if the facts surrounding the incident are unclear, you may have a valid defense.

Lack of Intent

A common defense in shoplifting cases is lack of intent. Shoplifting is not simply walking out of a store with unpaid merchandise—it is a specific intent crime. This means the prosecution must prove that you knowingly and purposefully attempted to steal. In some situations, the accused person may have inadvertently left the store without realizing an item was still in their possession. Perhaps the item was placed at the bottom of a shopping cart, tucked under other bags, or forgotten in the rush of completing a purchase. If you did not intend to steal the item, your attorney can argue that the charge does not meet the legal standard for petit larceny.

Mistake of Fact

Mistake of fact is another viable defense in some first-offense shoplifting cases. For example, you may have believed you had already paid for the item, or you may have been under the impression that the item belonged to you. Misunderstandings between customers and store employees can also lead to wrongful accusations, especially in busy retail settings where checkout errors or miscommunications occur. If you acted under a mistaken belief about the ownership of the property or the completion of the transaction, this could undermine the prosecution’s case.

Lack of Evidence

In some cases, the evidence supporting the shoplifting charge may be weak or unreliable. Many retail stores rely on surveillance video or employee testimony to build their case. However, security footage may be inconclusive; it may not clearly show the alleged theft or may be of poor quality. Witnesses, including store security personnel, may have made assumptions or misidentified a customer. If the evidence is questionable or inconsistent, your attorney may be able to challenge its credibility and argue that the prosecution has not met its burden of proof.

Civil Rights Violations

Another defense that may be available involves violations of your constitutional rights during the stop, search, or arrest. Store employees and security guards are not law enforcement officers, but they are still required to act within certain boundaries. If you were unlawfully detained, searched without proper cause, or if the police failed to follow appropriate procedures during your arrest, the evidence gathered against you may be subject to suppression. This could lead to the charges being dismissed if the remaining evidence is insufficient to support a conviction.

Alternatives for First-time Offenders in New York

For many first-time offenders, another avenue worth exploring is diversion programs or alternative sentencing. In some New York courts, particularly for those with no prior criminal record, prosecutors may be open to resolving the case without a criminal conviction. Depending on the jurisdiction, you may be eligible for an adjournment in contemplation of dismissal (ACD), which allows the case to be dismissed and sealed after a probationary period if you meet certain conditions, such as attending theft prevention classes or completing community service. Participating in these programs can help you avoid the long-term consequences of a criminal record while still holding you accountable in a way that reflects your lack of prior offenses.

Plea bargaining is also commonly used in first-offense shoplifting cases. Your attorney may be able to negotiate with the prosecution to reduce the charge to a non-criminal violation, such as disorderly conduct, which carries far less stigma and fewer long-term repercussions. In some cases, it may even be possible to resolve the matter with a civil settlement directly with the store, which could lead the store to request that the criminal charges be dropped.

Talk to a Goshen Criminal Defense Lawyer Today

At Dupée & Monroe, P.C., we understand the serious impact a shoplifting charge can have on your life, especially if this is your first time facing criminal allegations. We approach every case with the goal of protecting your rights, preserving your record, and minimizing the potential consequences. Whether through challenging the evidence, negotiating a favorable resolution, or fighting for a complete dismissal, we are committed to providing the strongest defense possible.

If you have been charged with shoplifting in Goshen, Orange County, or anywhere in the Hudson Valley, don’t face the legal system alone. Contact Dupée & Monroe, P.C. today to schedule a consultation. We will carefully review your case, explain your options, and help you take the next steps toward resolving the charges and moving forward with your life.