Criminal Defense

Theft & Larceny

Charged with theft in New York? Larceny runs from petit larceny, a Class A misdemeanor (Penal Law § 155.25), to grand larceny felonies graded by dollar value (§ 155.30–§ 155.42). Related charges like criminal possession of stolen property often accompany it. We defend across NYC, Long Island, and Upstate.

Free case review Call 917-476-7666

Overview

What you need to know about Theft & Larceny.

The basics, what we do, and the issues we see most.

How is theft charged in New York?

Quick Answer

New York calls theft “larceny” and grades it by value. Petit larceny (Penal Law § 155.25) is a Class A misdemeanor for property worth $1,000 or less. Grand larceny in the fourth degree (§ 155.30) is a Class E felony (over $1,000), third degree (§ 155.35) a Class D felony (over $3,000), and the higher degrees scale up from there. Receiving or holding stolen goods is charged separately as criminal possession of stolen property (§ 165.40 and up). Shoplifting, employee theft, and fraud allegations all fall within these statutes.

Services we offer for Theft & Larceny.

We defend theft and larceny charges from arrest through resolution:

Testing the value calculation that sets the misdemeanor/felony line
Challenging intent and identification, and reviewing surveillance video
Negotiating restitution and dismissal or reduction where appropriate
Pursuing diversion or adjournments in contemplation of dismissal (ACD) for eligible first offenses
Handling related criminal-possession-of-stolen-property counts
Hearings and trial

Scenarios we see most.

Shoplifting / retail-theft arrests and civil demand letters
Employee or workplace theft allegations
Value disputes that decide whether it’s a misdemeanor or felony
Alleged possession of stolen property after a purchase or transfer
First-time offenses where an ACD may be available

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

People Facing Misdemeanors

Theft, assault, trespass, and drug-possession charges in Criminal and District Courts.

People Facing Felonies

Indictments and serious charges handled through hearings, grand jury, and Supreme Court.

Drivers Arrested for DWI/DUI

The criminal charge plus the separate DMV license and chemical-test refusal proceedings.

Desk Appearance Tickets

People given a DAT or facing a first arrest, navigating arraignment and next steps.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

1
Step 1 of 4
Free, confidential case review
2
Step 2 of 4
Investigation — video, value, and intent
3
Step 3 of 4
Negotiation, restitution, and diversion options
4
Step 4 of 4
Hearings and trial if necessary

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

Is shoplifting a felony in New York?

Usually it is charged as petit larceny (Penal Law § 155.25), a Class A misdemeanor, when the value is $1,000 or less. It becomes grand larceny — a felony — once the value exceeds $1,000 (§ 155.30) and rises with higher amounts. Value is often the central issue.

Question 2

What is an ACD?

An adjournment in contemplation of dismissal (ACD) lets an eligible case — often a first-time petit larceny — be dismissed and sealed after a period of staying out of trouble. Eligibility depends on the charge and your record; we assess whether it’s realistic in your case.

Question 3

Do I have to pay the store’s civil demand letter?

Retailers sometimes send a separate civil demand letter after a shoplifting arrest. It is distinct from the criminal case. Talk to a lawyer before responding — paying it does not resolve the criminal charge.

Question 4

What is criminal possession of stolen property?

Knowingly possessing property you know to be stolen is charged under Penal Law § 165.40 and up, graded by value much like larceny. It is frequently charged alongside, or instead of, larceny itself.

Guides & resources