If you find yourself accused of a shoplifting incident in Middletown, New York, you’re likely navigating a storm of different emotions. Worries. Uncertainly. What will happen to me. What occurs at my first court appearance? My arraignment? Will I go to jail? A shoplifting charge, whether occurring at a big-box retailer in Middletown on State Route-211, the Galleria Mall, a supermarket or a small boutique, can have serious implications. Whether you are new to the criminal justice system or have a prior criminal history, the situation can seem daunting and contribute to much anxiety and unanswered questions.
However, help is closer than you think. Located on the border of the city of Middletown and town of Wallkill, the office of The Inniss Firm, PLLC, also known as XTROOPER Defense, stands prepared to provide the defense you need.
Call us 24 hours a day at 845.533.0265 for a complimentary defense strategy session.
Why Choose Attorney Randall F. Inniss For Your Shoplifting Defense?
Randall F. Inniss isn’t your ordinary attorney. With over two decades of experience as a New York State Trooper, he brings a rare perspective and viewpoint to your legal defense, employing his insight and in-depth involvement of both sides of the criminal justice system. During his tenure as a state trooper he made and assisted in numerous shoplifting arrests. As an attorney for over 2 decades, he now defends them. Knowledge and hands-on experience. From having worked both sides. Rare insight and experience in Middletown criminal defense attorney circles.
First and foremost, please know that you can be detained by store security (loss prevention) and arrested for Shoplifting without having left the store or establishment where the allegation occurred. You do not have to have made it out of the store prior to being detained and arrested for Shoplifting.
The Importance Of “Specific Intent” In Shoplifting Cases
A shoplifting case is a “specific intent” crime. A specific intent crime is a rare category, noting that most crimes are “general intent.” Shoplifting will be charged as either “Petit Larceny” or “Grand Larceny” on your Appearance Ticket, if issued, and charging documents. The crime of larceny incorporates Shoplifting and is defined in section 155.00 generally, and specifically New York Penal Law section 155.25 for Petit Larceny. Larceny is a Misdemeanor level crime, meaning you can do up to 1-year (364 days) in local jail. Middletown is located in Orange County.
Grand Larceny 4th Degree is a felony. Your shoplifting arrest may be described as Grand Larceny 4th Degree is the value of the property stolen is more than $1000 or involves special property such as a credit card (that was stolen) or public (government) document. Stolen property valued at over $3000 comprises from Grand Larceny 3rd Degree; property stolen valued at more than $50,000 is required for Grand Larceny 2nd Degree; and property stolen valued more than1 million dollars is needed for Grand Larceny 1st Degree. Normally shoplifting arrests fall into the Petit Larceny or Grand Larceny 4th Degree charge categories.
Specific intent crimes such as shoplifting (Petit Larceny) or larceny generally allow for additional defenses under the law. The defense of “mistake” or “intoxication” to name two, comprise additional defenses or, perhaps, avenues a skilled defense attorney will probe with a shoplifting arrest. A quick example of this defense’s applicability would be if we both were at a bar and had New York Mets baseball caps. Upon leaving the bar, I took your baseball cap instead of mine and left the bar and drove home. If I took your NY Mets baseball cap in error, or by mistake, the crime of larceny would not truly have occurred because, although I actually took your property I did not intend or possess the requisite ”specific intent” to steal it. I did not intend to take permanently deprive you of your property. Rather, I took your property, your new Mets baseball cap, by “mistake.”
Thus, Shoplifting is not just about taking an item; it is about your mindset at the time of the act as well. Your intent. Your specific intent. Whether an intent to steal existed at the time of the taking. If it was a taken in error, a misunderstanding or mistake, that may be a defense.
Did your Middletown shoplifting arrest occur at a self checkout register? A myriad of defenses or explanations may be available in cases involving a self-checkout register. You walked out with an item or, more likely, several items. Were you distracted? Did you have children with you or a companion at the time, distracting you wihle you were at self checkout? Were there store items for sale outside the actual store? Many Big Box stores have plants or other sale items outside of the store, available for perusal beyond in-store registers. Did you leave your wallet in the car? The explanations, think defenses, can be considerable depending on the circumstances.
Mistake and intoxication are not typically available in general intent crimes, which comprise the majority of crimes and offenses in the Penal law. In a Shoplifting case, with the additional aforementioned defenses available, this is often room to advance cogent arguments depending on the facts and circumstances of your individual case. Additional defenses such as “mistake” is not available in most crimes. That is considerable.
Were you aware of your actions, or could intoxication have clouded your judgment? Though intoxication is actually rare as defense, and each case is different, it is exploring these types of areas in a strategy session that can be beneficial. It can frame the narrative of your defense. There are additional measures that can be advanced as an explanation to prosecutors as to why this may have occurred, in pre-trial negotiations. To be clear, most Shoplifting cases do NOT go to trial. In many instances, for example, the store is ultimately not out of the merchandise – particularly in instances or circumstances where you were approached by store loss-prevention officers prior to entering your vehicle or leaving the area. Many are approached upon leaving the store; sometimes while you are still inside. Again, each case is different.
Attorney Randall F. Inniss, in his previous role as a 22-year state trooper, has made and assisted in many Shoplifting arrests. His extensive experience in law enforcement and criminal defense provides a level of insight you want defending your case. To challenge the prosecution’s assertion and notion of intent.
Local Knowledge, Local Defense
With an office located conveniently on State Route-211, in the heart of a major shopping district—The Inniss Firm, PLLC, has defended many individuals accused of shoplifting from area establishments such as Walmart, Target, Home Depot and Lowes. As well as stores located in the Dolson Avenue area and North Main, City Hall, region. He has, further, represented others accused of stealing from the stores near the Galleria Mall. The experience from those at The Inniss Firm, PLLC is far-reaching.
Second Chances Exist
For professionals holding state licenses—whether you’re a nurse, teacher, or real estate agent — a shoplifting arrest can be particularly daunting. Attorney Randall F. Inniss knows of the stakes and challenges at hand. The Inniss Firm, PLLC, a boutique criminal defense law firm, is committed to defending your case and preserving your hard earned reputation. Second chances exist. Contact The Inniss Firm, PLLC and speak with attorney Randall F. Inniss. This arrest should not define your future.
Call us 24/7, at 845.533.0265. We are happy to discuss your case and set up a complimentary defense strategy session.
Call For Your Complimentary Consultation
(845) 533-0265