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New York Penal Law Theft Defense Prosecutorial Declination



When repeated retail theft allegations arise under New York Penal Law, even seemingly low value incidents can quickly escalate into criminal exposure with lasting consequences.This case study examines how a theft defense attorney navigated a complex shoplifting investigation involving multiple incidents at a large retail store in New York.By aligning factual mitigation with statutory elements under New York Penal Law and engaging early with the prosecuting authority, the matter concluded without formal charges being filed.

Contents


1. New York Penal Law | Background of the Theft Allegations


The client became the subject of a criminal complaint after a major retail chain identified repeated unpaid removals of merchandise from its New York location.Store management determined that the conduct exceeded the scope of accidental non payment and referred the matter to law enforcement under New York Penal Law theft provisions.


Retail Loss Prevention Investigation and Evidence Review


Internal loss prevention teams conducted a review of surveillance footage, transaction logs, and inventory discrepancies spanning several visits.


The investigation showed multiple instances in which items were removed from the premises without payment, creating exposure under New York Penal Law §155.25 for petit larceny.


Because the conduct occurred on more than one occasion, the matter carried the potential for enhanced scrutiny by prosecutors assessing intent and pattern of behavior.



2. New York Penal Law | Legal Risk Assessment under State Statutes


Once law enforcement involvement became imminent, the client retained a theft defense attorney with experience applying New York Penal Law to retail theft cases.Early legal analysis focused on whether the alleged conduct could be charged as a continuing course of larceny under New York law.


Application of New York Penal Law Theft Classifications


Under New York Penal Law §155.25, petit larceny applies to theft of property regardless of value, while §155.30 may apply if aggregated conduct or statutory thresholds are met.


Although the individual incidents involved modest merchandise value, repetition raised the risk of aggregation arguments by the prosecution.


The defense therefore concentrated on interrupting escalation before formal charging decisions were made.


21 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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