Shoplifting Attorney in Long Island
90 Years Defending Theft Charges in Nassau & Suffolk County Courts
New York has no standalone shoplifting statute. What most people call shoplifting is prosecuted under the Penal Law as larceny or criminal possession of stolen property, and even a first-time charge can produce a permanent criminal record that appears on employment background checks, housing applications, and professional licensing reviews. At Blumberg, Cherkoss, Fitz Gibbons, Blumberg, we’ve defended clients facing theft charges in Nassau and Suffolk County courts for 90 years, with our office rooted in Amityville since 1935.
You’ll work directly with a seasoned attorney, not a paralegal or junior associate, and your consultation is free with no obligation.
If you or someone you know has been arrested or received a desk appearance ticket for shoplifting in Nassau or Suffolk County, contact us today at (631) 449-7699 to schedule a free case evaluation.
How New York Law Charges Shoplifting
The charge you face depends largely on the value the prosecution assigns to the merchandise. When that value is under $1,000, the charge is petit larceny under New York Penal Law §155.25, a Class A misdemeanor carrying up to 364 days in jail and a fine up to $1,000. That may sound minor, but a misdemeanor conviction isn’t automatically dismissed and requires active legal defense.
A shoplifting arrest frequently generates a second count: criminal possession of stolen property in the fifth degree under NYPL §165.40. Because the taking and the possession are treated as legally distinct acts, prosecutors can charge both simultaneously. When the value of merchandise exceeds $1,000, the charge escalates to grand larceny, a felony with significantly higher penalties. The prosecution’s valuation of the merchandise isn’t fixed, and challenging that figure can affect whether the charge is pursued as a felony or a misdemeanor.
What Happens After a Shoplifting Arrest on Long Island
The sequence typically begins with loss-prevention detention inside the store. Staff may ask you to sign documents before police arrive. Don’t sign anything without speaking to an attorney first. Police may then either issue a desk appearance ticket (a DAT, requiring you to appear in court on a future date) or formally arrest and book you at a local precinct.
Where your case is heard depends on the county:
- Nassau County cases are handled at the Nassau County District Court in Hempstead, where the matter proceeds through all appearances and any potential trial.
- Western Suffolk County cases are heard at the Suffolk County District Court in Central Islip.
At arraignment, you hear the formal charges, enter a plea, and the court addresses release conditions. Our attorneys appear regularly in district, town, and village courts throughout both counties, including courts in Amityville, Babylon, and Riverhead.
Depending on case specifics and a defendant’s history, the district attorney may offer a diversion option such as an Adjournment in Contemplation of Dismissal (an ACD), which pauses the case rather than prosecuting it outright. Successful completion of the ACD conditions may lead to dismissal and potential record sealing, though this depends entirely on the circumstances the prosecutor evaluates and isn’t guaranteed in any case.
Consequences That Reach Beyond the Courtroom
A conviction doesn’t end when the sentence does. A shoplifting record can follow you into job applications, housing, and licensing reviews for years. Understanding these risks before resolving a charge is central to how we advise clients.
Criminal Record & Background Checks
A criminal record becomes visible to employers, landlords, and licensing boards through routine background checks. For non-citizens, a shoplifting conviction can affect visa status or adjustment of status applications. Professionals in healthcare, education, or finance may face disciplinary proceedings with their licensing board that run independently of the criminal case.
Civil Demand Letters From Retailers
Retailers sometimes send civil demand letters requesting payment for alleged losses, separate from any criminal proceedings. Whether you’ve received one or not, both the criminal charge and any civil demand are distinct matters that deserve proper legal guidance before you respond to either.
Cross-Practice Awareness
Because Blumberg, Cherkoss, Fitz Gibbons, Blumberg is a full-service firm, our attorneys can account for how a pending shoplifting charge may intersect with professional licensing, immigration status, or family law proceedings when advising on criminal defense strategy. You receive a plan shaped around your actual circumstances, not a generic response.
Why Long Island Clients Choose Blumberg, Cherkoss, Fitz Gibbons, Blumberg for Shoplifting Defense
Established in 1935, we’ve practiced in Nassau and Suffolk County courts longer than most firms in this market have existed. That history means real familiarity with the courts, the local legal landscape, and the kind of continuity that comes from being a fixture in the community rather than an outside presence. Clients work directly with seasoned attorneys, including partners like Joshua Blumberg, and that relationship holds throughout the case. Our attorneys are responsive evenings and weekends because criminal defense doesn’t follow business hours. We’re admitted to practice before all New York courts and local federal courts, and other firms seek us out to handle appeals because of our research depth and appellate advocacy. Whether your situation calls for a negotiated resolution or a jury trial, we have the depth to handle it.
Schedule a Free Consultation About Your Shoplifting Charge
A shoplifting charge moves quickly once you’re in the system. The sooner an attorney reviews your situation, the more options may remain available. Contact Blumberg, Cherkoss, Fitz Gibbons, Blumberg today for a free, no-obligation consultation.
Call our Long Island shoplifting defense attorneys at (631) 449-7699 and let us begin reviewing your case.