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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.