Under the New York Penal Code, larceny is synonymous with theft. The law defines it as the act of wrongfully taking, obtaining, or withholding property from its rightful owner, with the intent of depriving the owner of the said property (NY Penal Law § 155.05).

The law also identifies a number of cases which can be deemed as larceny:

  • Stealing through false pretenses
  • Embezzlement
  • Acquiring lost property
  • Issuing a bad check
  • Extortion

Larceny Classification and Penalties

As with many other states, the degree of the charge depends on the estimated value of the property you took. Let’s look at the classifications, and how they are penalized under New York law.

  • Petit Larceny (Class A Misdemeanor) – stealing items valuing $1000 or less; up to one year imprisonment and a maximum fine of $1,000
  • Fourth Degree Grand Larceny (Class E Felony) – stealing property worth over $1,000, or if the property is a credit/debit card, a motor vehicle, or firearm; potential sentence of up to 4 years jail time and a maximum fine of $5,000 or double the amount of gain from the theft
  • Third Degree Grand Larceny (Class D Felony) – stealing property with a value exceeding $3,000 or if the property is an ATM or its contents; maximum jail sentence of seven years and a fine no greater than $5,000 or double the amount of gain
  • Second Degree Grand Larceny (Class C Felony) – stealing property valued at more than $50,000 or if the property is obtained through certain types of extortion; up to 15 years imprisonment and a maximum fine of $15,000
  • First Degree Grand Larceny (Class B Felony) – stealing property worth more than one million dollars; imprisonment for a term not exceeding 25 years and a fine not exceeding $30,000

A conviction for this crime is potentially devastating. A mere hint of a larceny allegation or arrest can destroy your career, and if you’re an attorney or physician, it can compromise professional licenses and certifications. For tourists and employees, the consequences can be far greater.

There’s no need to be afraid when charged with the crime, however, as long as you work with a competent criminal defense lawyer like me, Olivier E. Roche, Esq. Call today to schedule an initial consultation. 516.399.0233