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Larceny Crimes in New York

Petit Larceny – Penal Law § 155.25

Petit Larceny is the unlawful taking of property valued at no more than $1,000, this is the lowest level larceny crime in New York. As a class A misdemeanor, punishment for a conviction can be up to one year in jail, along with fines and a surcharge. Typically, the crime is punished less severely if it is an individual’s first arrest of this type. This can include a one-year conditional discharge, probation, or an Adjournment in Contemplation of Dismissal.

Grand Larceny in the Fourth Degree – Penal Law § 155.30

Grand Larceny in the Fourth Degree is theft of property valued between $1,000 and $3,000. An E felony, the crime also covers theft of firearms, cars, and credit cards. For a first offender, a conviction for this offense can carry up to 1 to 3 years in state prison. Probation is also an alternative sentence. Sentences can also include a definite sentence of one year or less, or a split sentence with probation and a period of incarceration.

Grand Larceny in the Third Degree – Penal Law § 155.35

Grand Larceny in the Third Degree is theft of property valued anywhere from $3,000 to $50,000. It also encompasses theft of an automated teller machine (“ATM”) or the ATM’s contents. Third-degree Grand Larceny is a D felony. A conviction for this offense can carry up to 2⅓ to 7 years in state prison. However, a judge may impose a sentence of probation, a definite sentence of one year or less or a split sentence.

Grand Larceny in the Second Degree – Penal Law § 155.40

Grand Larceny in the Second Degree is the theft of property is valued between $50,000 and $1 million.. This charge may also be levied against an individual who extorts his/her victim by damaging the victim’s property, threatening physical injury, or by abusing his/her position as a public servant. Grand Larceny in the Second Degree is a C felony punishable by up to 5 to 15 years in state prison. However, again a judge may impose a sentence of probation, a definite sentence of one year or less or a split sentence.

Grand Larceny in the First Degree – Penal Law § 155.45

The highest level larceny in New York is Grand Larceny in the First Degree. It is the theft of property valued in excess of $1 million. Grand Larceny in the First Degree is a B felony. A conviction for this offense can carry up to 8⅓ to 25 years’ in state prison. For an individual with no criminal history, the crime is punishable by a minimum of 1 to 3 years’ in state prison.

Larceny and Civil Penalties

If an individual commits a larceny at a store, this is often called “shoplifting.” Shoplifting can result in civil penalties in addition to criminal prosecution. The retailer can initiate a civil proceeding under the General Obligation Law and seek up to $1,500 compensation for items which were either stolen and not recovered, or were recovered in a condition in which they couldn’t be resold. They can also ask for an additional penalty of up to $500.

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP


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