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Petit larceny 2nd charge.

Tarrytown, NY |

I was charged with a misdemeanor 2nd degree last year for stealing about 500 worth of merchandise. I did community service to drop the case without a file but I had a 6 months probation which passed.

Stupidly the mistake was made again but 150 worth of merchandise. Could I be sent to jail since I did the same mistake twice?

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Attorney answers 4


Yes. You could have been sentenced upon conviction to jail on the first one, but that is not often the case for a first time offender. Now you are a repeat offender, so while jail might be unlikely, the court might sentence you to 3 years probation, for example. In other words, the more one repeats, the worse the sentencing gets typically.

Jay K Goldberg

Jay K Goldberg


Perhaps it would help if you stopped thinking of these as "mistakes" and realized they are crimes.


You need to consult with a local and experienced lawyer.


Technically yes but realistically No.
Get an attorney!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


If the first case is already dismissed and sealed you may be treated as a first offender. Hopefully the DA's Office will not check your name in their computer reocrds.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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