One of the biggest differences between petit and grand larceny in New York is the value of the stolen property. Property worth $1,000 or less is petit larceny, a misdemeanor. Property worth more than $1,000 is grand larceny, a felony.
But the value is not the only factor. Certain types of property trigger felony charges regardless of value. These include motor vehicles, firearms, and credit cards worth at least $100.
At Law Offices of Jason Bassett, P.C., criminal defense attorney in Suffolk County Jason Bassett defends clients charged with theft crimes throughout Long Island and New York. We understand how larceny charges work and fight to protect your rights. Our team has helped clients in Riverhead, Central Islip, and across Suffolk County.
This guide explains petit larceny, the four degrees of grand larceny, how prosecutors value stolen property, and what sentences you might face. If you or a loved one is facing larceny charges, contact us today at (631) 259-6060 for a consultation.
What Does New York Law Define as Larceny?
New York Penal Law defines larceny as wrongfully taking or withholding property from another person with the intent to deprive them of it. The keyword is “intent.” You must plan to keep the property or prevent the owner from getting it back.
Larceny covers more than just stealing physical objects. It includes embezzlement, obtaining property through fraud, keeping lost property without trying to return it, and extortion. Property means anything of value, including money, goods, services, personal data, or utilities.
The law requires proof that you intended to deprive the owner of the property or its value. If you discarded property without intent to permanently withhold it, prosecutors may have trouble proving larceny beyond a reasonable doubt. However, throwing property away can still support a larceny charge if your actions deprived the owner of its value or made recovery unlikely.
What Is Petit Larceny in New York?
Petit larceny is theft of property valued at $1,000 or less. New York Penal Law 155.25 classifies it as a Class A misdemeanor. This is the most common larceny charge and typically applies to shoplifting cases.
A conviction can result in up to one year in jail and a fine up to $1,000. However, jail is not mandatory. Many first-time offenders receive alternatives such as probation, community service, or fines depending on the circumstances.
For thefts under $100, prosecutors sometimes offer an adjournment in contemplation of dismissal (ACD). If you stay out of trouble for six months, the case gets dismissed and sealed. This means no criminal record.
Cases charged as petit larceny are often prosecuted in Suffolk County District Court at the Cohalan Court Complex in Central Islip. In-custody arraignments are scheduled daily at 9:30 a.m. in Courtroom D-11, while Desk Appearance Ticket arraignments are handled in scheduled Street Arraignment Parts on regular court days.
What Are the Four Degrees of Grand Larceny?
Grand larceny is a felony. New York divides it into four degrees based on the value of stolen property. The penalties increase dramatically as the value rises.
Fourth Degree Grand Larceny (Class E Felony)
Grand larceny in the fourth degree applies when property exceeds $1,000 in value. It also applies regardless of value if you steal a public record, restricted scientific material, a credit card, a debit card, or a firearm. A motor vehicle can also qualify, but the statute specifies that the vehicle’s value must exceed $100 and excludes motorcycles.
New York Penal Law 155.30 makes this a Class E felony. A conviction carries up to four years in prison and a fine of up to $5,000 or double your gain.
Third Degree Grand Larceny (Class D Felony)
Third-degree grand larceny involves property valued over $3,000. Under New York Penal Law 155.35, this is a Class D felony punishable by up to seven years in prison.
Second Degree Grand Larceny (Class C Felony)
When stolen property exceeds $50,000 in value, prosecutors charge second-degree grand larceny. New York Penal Law 155.40 classifies this as a Class C felony. A conviction can result in up to 15 years in prison.
First Degree Grand Larceny (Class B Felony)
First-degree grand larceny is the most severe theft charge under New York law. It applies when the stolen property value exceeds $1,000,000. New York Penal Law 155.42 makes this a Class B felony with up to 25 years in prison.
Suffolk County felony cases are prosecuted by the Suffolk County District Attorney’s Office. Felony arraignments are typically held in Suffolk County District Court (often at the Cohalan Court Complex in Central Islip). After indictment, felony cases proceed in Suffolk County Court, located in the Arthur M. Cromarty Court Complex, Criminal Courts Building, 210 Center Drive, Riverhead.
| Degree of Grand Larceny | Classification | Maximum Penalty |
|---|---|---|
| Fourth Degree Grand Larceny – applies when property exceeds $1,000 or involves items like credit cards, firearms, or certain vehicles | Class E felony | Up to 4 years in prison and fines up to $5,000 or double the offender’s gain |
| Third Degree Grand Larceny – applies when the value of stolen property exceeds $3,000 | Class D felony | Up to 7 years in prison |
| Second Degree Grand Larceny – applies when the value of stolen property exceeds $50,000 | Class C felony | Up to 15 years in prison |
| First Degree Grand Larceny – applies when the value of stolen property exceeds $1,000,000 | Class B felony | Up to 25 years in prison |
Suffolk County Criminal Defense Attorney
Jason Bassett, Esq.
Jason Bassett, Esq. is a Suffolk County criminal defense attorney with more than 21 years of experience protecting individuals against powerful institutions, including prosecutors’ offices, police departments, and government agencies. A graduate of Boston College Law School and the University of Pennsylvania, Mr. Bassett aggressively defends clients facing serious criminal charges in both New York state and federal courts. He is also a strong advocate for victims of excessive force and false arrest, fighting to hold law enforcement and other authorities accountable.
Before focusing his practice exclusively on criminal defense, Mr. Bassett built a distinguished legal career on both sides of the justice system. His background includes serving as an Assistant District Attorney in Queens County, Principal Assistant County Attorney for Suffolk County, Special Assistant Attorney General in the Medicaid Fraud Control Unit, and Chief Deputy Commissioner for the Town of Islip’s Department of Public Safety Enforcement. This experience gives him a strategic advantage when defending clients. Known for his skill, preparation, and zealous advocacy, Mr. Bassett is committed to achieving the best possible outcome in every case.
How Do Prosecutors Determine the Value of Stolen Property?
New York Penal Law 155.20 defines property value as the market value at the time and place of the crime. If market value cannot be determined, prosecutors use replacement cost. If neither can be determined, the law sets a default value of less than $250.
Market value means what a willing buyer would pay a willing seller. For new merchandise, this is usually the retail price. For used items, it is the fair market value based on condition and age.
Defense attorneys often challenge valuation. The Suffolk County District Attorney must prove value beyond a reasonable doubt. If prosecutors overvalue property, a felony charge might get reduced to a misdemeanor.
Shoplifting cases commonly involve valuation disputes. Stores sometimes inflate prices or include taxes in their calculations. A skilled criminal defense lawyer reviews receipts and pricing to contest the valuation.
What Are the Sentencing Guidelines for Larceny Convictions?
Sentencing depends on the degree of the crime and your criminal history. Petit larceny can result in up to one year in jail, but first-time offenders often avoid incarceration. Alternatives include probation, community service, or fines.
Grand larceny sentencing is more severe. For fourth-degree grand larceny, first-time offenders might receive probation instead of prison. But if you have a prior felony conviction, you face a mandatory minimum of 1.5 years in prison.
Repeat offenders face enhanced sentences. Someone convicted of second-degree grand larceny with a prior felony conviction must serve at least three years in prison. These mandatory minimums apply throughout New York.
Larceny is a crime of “moral turpitude.” This means a conviction can affect immigration status, professional licenses, and employment. The consequences extend far beyond jail time.
Is Larceny a Felony in New York?
Larceny can be either a misdemeanor or a felony. The classification depends on property value and type. Petit larceny is always a misdemeanor. Grand larceny is always a felony.
The line between misdemeanor and felony is $1,000. Anything above this threshold becomes a Class E felony at minimum. But certain items trigger felony charges regardless of value.
Stealing a motor vehicle is grand larceny even if the car is worth only $500. Taking a firearm, a credit card, or a public record also results in felony charges.
In addition, felony convictions have lasting consequences aside from imprisonment and fines. You lose the right to vote while incarcerated. Many employers refuse to hire convicted felons. Professional licenses can be revoked.
What Defenses Are Available for Larceny Charges?
Several defenses can be used against larceny charges. The most common is the lack of intent. If you did not plan to permanently deprive the owner of property, you cannot be convicted of larceny.
Mistaken identity is another defense. Store security sometimes misidentifies suspects. Surveillance footage may be unclear. Witnesses make errors. An experienced attorney examines all evidence to find weaknesses in the prosecution’s case.
False accusations happen. Angry employees, former partners, or business rivals sometimes fabricate theft claims. Your lawyer investigates the accuser’s motives and credibility. Text messages, emails, and witness statements can expose lies.
Valuation challenges are effective. If prosecutors cannot prove property exceeded $1,000, a felony charge gets reduced to a misdemeanor. Criminal defense lawyers hire qualified professionals to appraise property and testify about accurate market value.
What Should You Do If You Are Charged with Larceny?
Do not speak to police without an attorney present. Anything you say can be used against you in court. Exercise your right to remain silent and request a lawyer immediately.
Do not try to return the property to make the charges go away. This can be used as evidence of guilt. Let your attorney handle all communications with the alleged victim and prosecutors.
Gather evidence that supports your defense. Save receipts, text messages, emails, and any documents related to the accusation. Write down your version of events while it is fresh in your memory. Your attorney needs this information to build a strong defense.
Attend all court appearances. Missing a court date results in a warrant for your arrest. It also makes you look guilty. Show up on time and dress appropriately. Courts take attendance seriously.
Get Help from a Suffolk County Criminal Defense Attorney
Larceny charges can threaten your freedom and future. A conviction creates a permanent criminal record that affects employment, housing, and professional licenses. You need an experienced lawyer who understands New York theft laws and knows how to fight prosecutors.
Suffolk County criminal defense attorney Jason Bassett has defended hundreds of clients facing petit larceny and grand larceny charges throughout Long Island. He has handled cases in the Cohalan Court Complex, the Arthur M. Cromarty Court Complex, and district courts across Suffolk County. Attorney Bassett knows how the Suffolk County District Attorney prosecutes theft cases and how to challenge their evidence.
We serve clients in Riverhead, Smithtown, Babylon, Huntington, Islip, Brookhaven, and throughout New York. We can review your case, explain your options, and fight for the best possible outcome. Call the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 for a free consultation.