New Laws Enhance Criminal Penalties and Make It Easier to Prosecute Cases of Larceny and Retail Theft in New York

In response to growing concerns about larceny and retail theft across New York, recent legislative changes have significantly altered the landscape for prosecuting these crimes. Individuals charged with such offenses should understand how these legislative changes could impact their case and the severity of the penalties they could face if convicted.

For individuals in Orange County and the Hudson Valley, the Goshen criminal defense attorneys at Dupée & Monroe, P.C., are committed to providing our clients with the most current and comprehensive defense strategies tailored to these new laws.

Increased Penalties for Larceny, Shoplifting, Retail Theft

The state of New York has revised its approach to larceny offenses, increasing penalties in an effort to deter the rising incidents of theft. These amendments come as part of a broader initiative to address both small-scale and organized retail thefts which have seen a notable uptick in recent years. Here’s what you need to know:

• Enhanced Penalties for Assaults on Retail Workers: An individual who inflicts physical harm on a retail worker during the course of their duties can now be charged with a felony, upgraded from a misdemeanor offense. Generally, one would have to inflict serious injury to be charged with a felony, but the new law makes an assault on a retail worker a felony regardless of how much physical injury was actually involved.

• Easier to Charge Shoplifting as a Felony: Charges and penalties for larceny escalate as the value of the goods in question increases. In New York, retail theft is a misdemeanor unless the value of stolen goods amounts to more than $1,000. Under the new law, prosecutors can consolidate the value of goods taken from various stores and therefore charge someone with a felony if it can be proven they stole over $1,000 in goods under the same “criminal scheme.” This change has many serious implications for the accused, including the fact that a person charged with Grand Larceny can be held in jail pending trial under New York’s bail laws, in contrast to a person charged with Petit Larceny who will normally be released after booking.

• Selling Stolen Goods: Individuals who knowingly sell stolen goods can now face misdemeanor charges. This includes facilitating the sale of stolen goods by third-party sellers, who can now be prosecuted for selling stolen goods, whether they utilize a physical venue such as street vendors or an online platform such as Craigslist, Letgo, or Facebook Marketplace.

Additionally, the new package of laws, included in the FY25 State Budget, allocates $40.2 million for specialized Retail Theft Teams comprised of local law enforcement, district attorneys’ offices, and the New York State Police. These funds will direct an additional 100 state police officers who will be specifically assigned to fight organized retail theft. Small businesses will also be able to access a $3,000 tax credit to install surveillance cameras and other security measures. Five million dollars has been allocated to this purpose.

Although this new funding is only a drop in the bucket of New York’s state budget, it represents a significant shift in focus and crackdown that raises the stakes for individuals charged with shoplifting and other theft offenses. As Governor Hochul herself said in announcing the new suite of laws, “To the retail thieves out there, your days are up. We’ll put you behind bars.”

Impact on Defendants

For those accused of larceny or retail theft, the implications of these new laws are significant. The revised penalties and simplified prosecution processes can lead to more severe outcomes, making an effective defense more important than ever. It’s essential for defendants to seek knowledgeable and experienced legal representation to navigate these changes.

At Dupée & Monroe, P.C., our Goshen criminal defense lawyers are well-versed in New York’s theft laws and are prepared to offer robust defense strategies. We know the New York legal system and are dedicated to protecting the rights and freedoms of our clients throughout Orange County and the Hudson Valley.

Contact Our Office for Strong and Effective Criminal Defense in the Hudson Valley

As New York tightens its laws on larceny and retail theft, the stakes for those charged under these offenses are higher. Whether you or a loved one are facing accusations, it’s crucial to act swiftly and secure a legal team that can effectively manage your case under the new regulations. At Dupée & Monroe, P.C., we are committed to providing our clients with the highest level of legal advocacy to ensure the best possible outcomes in these challenging times. Contact us today at 845-294-8900 to understand your options and find out how we can help.