What Is the Difference Between Petit & Grand Larceny in New York?
Under NY Penal Law (PL) § 155.25, stealing property worth $1,000 or less is petit larceny, a Class A misdemeanor. Once the value exceeds $1,000, the charge becomes grand larceny, a felony charge (NY PL §§ 155.30–155.42).
Grand larceny has four degrees, each with varying penalties:
- Fourth degree (over $1,000). Class E felony, up to 4 years in prison.
- Third degree (over $3,000). Class D felony, up to 7 years in prison.
- Second degree (over $50,000). Class C felony, up to 15 years in prison.
- First degree (over $1 million). Class B felony, up to 25 years in prison.
Because a small difference in value can separate a misdemeanor from a felony, the number in your case matters. Our attorneys can review how the prosecution reached its figure, look for errors or inflated estimates, and work to keep the charge at the lowest level the evidence supports.
Common Theft Offenses We Defend Against
Shoplifting and Retail Theft
Most shoplifting cases are charged as petit larceny under NY PL § 155.25. This Class A misdemeanor carries up to 364 days in jail and a fine of up to $1,000. As of 2024, prosecutors can combine the value of items taken from multiple stores as part of the same scheme, which can raise the charge to a felony.
Embezzlement & Employee Theft
Embezzlement is a form of larceny under NY PL § 155.05(2)(a). It involves taking money or property that was entrusted to you, often by an employer. The charge depends on the amount involved and can range from a misdemeanor to a Class B felony.
Credit Card Theft
Under NY PL § 155.30(4), stealing a credit or debit card is grand larceny in the fourth degree, regardless of the account balance. This Class E felony carries up to four years in prison.
Identity Theft
Identity theft involves using another person’s identifying information to obtain money, goods, or services, or to commit a crime (NY PL §§ 190.78–190.80). Charges range from a Class A misdemeanor to a Class D felony, based largely on the financial loss.
Robbery
Robbery is forcibly stealing property under NY PL §§ 160.05–160.15. Third-degree robbery is a Class D felony. Second- and first-degree robbery are violent felony offenses (VFOs) that can carry up to 15–25 years in prison and usually involve an accomplice, weapon, or injury.
Burglary
Burglary means knowingly entering or remaining unlawfully in a building with the intent to commit a crime inside (NY PL §§ 140.20–140.30). Nothing needs to be stolen. Third-degree burglary is a Class D felony, while burglary of a home or involving a weapon or injury is a violent crime that can be charged as a Class C or Class B felony.
How Does New York Law Calculate the Value of Stolen Property?
The monetary value of stolen goods is the most critical factor in determining misdemeanor or felony theft charges. Under NY PL § 155.20, value is generally defined as the market value of the property at the time and place of the crime. If the market value cannot be satisfactorily ascertained, the law allows prosecutors to use the cost of replacement within a reasonable time after the offense.
Prosecutors often attempt to inflate the value of stolen items by using original retail prices rather than the actual depreciated market value at the time of the theft. Our lawyers aggressively challenge these valuation methods by utilizing independent appraisers, demanding strict evidentiary proof to demonstrate the property's true market value, and negotiating charge reductions whenever the law allows.
Can a Shoplifting Charge Be Dismissed or Reduced?
Yes, depending on the facts and your history. For first-time offenders, one possible outcome is an Adjournment in Contemplation of Dismissal (ACD). The case is put on hold, typically for six months. If you avoid new arrests and meet any conditions the court sets, the charge is dismissed and the record is sealed.
Other options may include reducing the charge to a non-criminal violation, such as disorderly conduct, which is sealed once the case ends. Restitution to the store, community service, or completing a court-approved program can also be part of a negotiated resolution.
The options available in your case depend on the value involved, the evidence, your prior record, and the prosecutor's position. Weaknesses in the case give us leverage to negotiate for a dismissal or reduction. If an offer does not reflect the facts, we are prepared to take your case to trial.
Theft Defense Shaped by Former Prosecutorial Experience
When defending against theft crimes, an insider’s understanding of how District Attorneys evaluate evidence can significantly strengthen your case. Leilani J. Rodriguez previously served as a Bronx County prosecutor and Assistant Attorney General, while Joseph P. Petito formerly worked as a Senior Assistant District Attorney.
In our experience handling theft investigations, we frequently see prosecutors overcharge defendants by piling on multiple counts of larceny and possession for a single incident. Our former prosecutorial background means we are uniquely equipped to pinpoint weaknesses and dismantle the case against you.
Whether you're facing shoplifting, embezzlement, or felony theft allegations, our lawyers are ready to fight for you. Contact us online to discuss your case.
