Can I claim I forgot to steal sunglasses after being charged with petty larceny?

Full question:

I was charged petty larceny yesterday. I was arrested because I want to steal two sunglasses in macy's and the total value was $125. I removed the security tag of the two glasses in the fitting room and just held them in my left hand. Is there any possibility to say that I did not mean to do this and I totally forgot it? Can I then motion to dismiss? I am a Chinese student in Ph.d. program here and my record is very clean. I want to know what might be the most likely outcome of my case. Will my case be known by my university and affect my graduation and degree?

  • Category: Criminal
  • Date:
  • State: New York

Answer:

Removing a security tag is typically seen as an intentional act, so claiming it was accidental may not be credible in court. Courts often impose harsher penalties on those perceived as dishonest or lacking remorse. In New York, first-time offenders charged with shoplifting may have access to special educational programs that could lead to reduced or dismissed charges. The outcome of your case will depend on the specific facts and circumstances, as well as the court's practices. Regarding your university, criminal charges are not always reported automatically, and policies vary by institution. Generally, a misdemeanor conviction does not usually lead to expulsion, but some professions may require a background check. It's advisable to consult with a local attorney who understands the court system in your area to explore potential defenses and outcomes. Relevant New York law includes the definition of larceny under Penal Law § 155.05 and the classification of petty larceny as a class A misdemeanor under Penal Law § 155.25. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can sue for larceny, but typically, larceny is a criminal offense prosecuted by the state. Victims of larceny may also pursue civil claims against the offender for damages. However, the criminal case takes precedence, and a conviction may strengthen your civil case for recovery of losses.