Shoplifting Attorney in Westchester County

Former-Prosecutor Defense. Over 150 Years of Combined Trial Experience.

A shoplifting charge can move fast. The value assigned to the merchandise determines whether you’re facing a misdemeanor or a felony, and that decision gets made early. At Portale Randazzo LLP, we bring over 150 years of combined experience and a former-prosecutor perspective to every case. We prepare from day one rather than waiting to see what the other side offers.

Why Former-Prosecutor Experience Changes the Defense

James Randazzo served as an Assistant District Attorney in Westchester County from 1989 through 1995, trying more than 30 cases to verdict. Richard Portale built his career at the Westchester County District Attorney’s Office. Both attorneys know how prosecutors evaluate evidence, how they assign value to allegedly stolen merchandise, and where a charging decision can be challenged.

That inside view matters in shoplifting cases more than most people expect. The charge grade turns on merchandise valuation, and valuation isn’t always straightforward. A retailer’s stated retail price may not reflect the legal standard for fair market value. Disputing that figure is a legitimate defense strategy, and one we’re positioned to pursue because we’ve sat on the other side of that dispute.

How New York Law Grades Shoplifting Charges

New York doesn’t use the word “shoplifting” in the Penal Law. The charges are larceny-based, defined under Penal Law §155.05 as the wrongful taking or withholding of another’s property with intent to deprive the owner of it.

The charge grade depends on value:

• Petit larceny (§155.25): Property valued at $1,000 or less. Class A misdemeanor, punishable by up to one year in jail and a $1,000 fine.
• Grand larceny in the fourth degree: Over $1,000. Class E felony, up to 4 years.
• Grand larceny in the third degree: Over $3,000. Class D felony, up to 7 years.
• Grand larceny in the second degree: Over $50,000. Class C felony, up to 15 years.
• Grand larceny in the first degree: Over $1,000,000. Class B felony, up to 25 years.

Certain items, including credit cards, debit cards, and firearms, can trigger a felony charge regardless of value. Prosecutors also frequently add a charge of Criminal Possession of Stolen Property in the Fifth Degree when a person is found holding merchandise at the time of detention.

Consequences Beyond the Criminal Case

A theft charge carries consequences well past the courtroom. For non-citizens, a conviction that qualifies as a crime involving moral turpitude can trigger immigration consequences, including deportation proceedings or bars to naturalization.

Retailers can also pursue civil liability independently of any criminal charges. Under New York General Obligations Law §11-105, a merchant may seek the retail price of unrecovered merchandise up to $1,500, plus a penalty equal to the greater of five times the retail price or $75, capped at $500. A conviction isn’t required before a retailer can file or collect on this civil demand. That exposure exists alongside, not instead of, any criminal case.

Where Shoplifting Cases Are Prosecuted in Westchester County

The Westchester County District Attorney’s Local Criminal Courts Division prosecutes most shoplifting cases through geographic branch offices, each covering specific city, town, and village courts. The Rye branch handles Harrison, Port Chester, Mamaroneck, North Castle, and Rye. New Rochelle covers Larchmont, Eastchester, Tuckahoe, and New Rochelle itself. White Plains handles White Plains and Scarsdale, with separate bureaus serving Yonkers and Mount Vernon.

Personnel, scheduling, and local practices vary across these courts in ways that affect how a case moves and what options may be available. As shoplifting attorneys serving Westchester County, we know these courts and how to navigate them.

Speak with a Westchester County Shoplifting Attorney Today

The decisions made early in a shoplifting case, including how charges are framed and what evidence the prosecution relies on, shape everything that follows. We’re available 24/7 for an initial consultation, in-office or virtual, with an attorney who handles Westchester County courts. We also serve Spanish-speaking clients. Hablamos español.