Theft in New York

What is larceny?

Under New York Penal Code 155.05, larceny is the unlawful taking of another person’s property without his or her permission, and with the intent to permanently deprive the owner of his or her property. 

What is grand larceny?

Grand larceny is unlawfully taking property that is valued at $1,000 or more and belongs to another person, or unlawfully taking property of any value directly from its owner.

Is grand larceny a felony charge?

Grand larceny does involve a felony charge. The degree of the felony, and thus the punishment, depends on both the circumstances of the crime and the value of the items stolen, as shown by the following chart, and as set out by New York Penal Code 155.30 – 155.42.

Value of Items Stolen            Degree of Felony      

$1,000 - $3,000                       4thdegree felony           E non-violent felony

$3,000 - $50,000                     3rddegree felony           D non-violent felony

$50,000 - $1,000,000             2nddegree felony          C non-violent felony

$1,000,000 or more                 1stdegree felony           B non-violent felony

What is the punishment for grand larceny?

Depending on the degree of the felony charged for the theft, you may receive a jail sentence, fines, restitution, community service, probation or parole, and/or suspension of your driver’s license. Possible jail sentences are further defined by New York Penal Code 70.00.

What is the possible jail sentence for grand larceny in the 4thdegree?

A jail sentence for grand larceny in the 4thdegree can range from 1 to 4 years in length,

What is the possible jail sentence for grand larceny in the 3rddegree?

A jail sentence for grand larceny in the 4thdegree can range from 1 to 7 years in length.

What is the possible jail sentence for grand larceny in the 2nddegree?

A jail sentence for grand larceny in the 2nddegree can range from 1 to 15 years in length.

What is the possible jail sentence for grand larceny in the 1stdegree?

 A jail sentence for grand larceny in the 1stdegree can range from 1 to 25 years in length.

What is petit or petty larceny?

Under New York Penal Code 155.25, petty larceny typically involves the shoplifting of items that are valued at $1,000 or less. 

What is the punishment for petty larceny?

Petty larceny is charged as a Class A misdemeanor, which can result in a jail sentence of up to 1 year. If it is your first offense and the shoplifting occurred in some New York counties, you may be able to participate in programs that will enable you to avoid a jail sentence altogether. Potential jail sentences for misdemeanors are set out at New York Penal Code 70.15.

What is burglary?

Under New York Penal Code 140.20 – 140.30, burglary is the unlawful entry of a building with the intent to commit larceny, and is charged as a D felony or higher.

What is robbery?

Under New York Penal Code 160.00, robbery is taking property from another person by force or threat, and is charged as a D felony or higher.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Search LawInfo's Criminal Charge Resources

Lead Counsel Rated Law Firm

Click Here to Learn More