Understanding ‘Petit Larceny’ vs. ‘Grand Larceny’ Charges in New York

If you’ve been arrested for theft in New York, you could find yourself charged with “petit larceny” or “grand larceny.” While both charges fall under the broader category of theft crimes, the differences between them are significant when it comes to how they are prosecuted and the potential penalties you could face if convicted. Learn more about these offenses below. If you’ve been arrested and charged with larceny or theft in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to speak with an experienced and dedicated Goshen larceny defense lawyer. We’ll help you understand what you’re up against and how to protect your rights and your future.

What Is Petit Larceny?

Under New York law, petit larceny (commonly pronounced as “petty larceny”) is the unlawful taking of someone else’s property with the intent to deprive the owner of it permanently, when the value of that property is $1,000 or less. Petit larceny is codified under New York Penal Law § 155.25 and is classified as a Class A misdemeanor. This means that even though it’s considered a “lesser” theft offense compared to grand larceny, a conviction still carries serious consequences, including a permanent criminal record.

If you are convicted of petit larceny, you could face up to one year in county jail, probation, community service, fines, and restitution to the victim. For many people charged with shoplifting — like taking small items from a store — petit larceny is often the charge they face. But this charge can also apply to many other situations, such as stealing a cell phone, a bicycle, or cash that does not exceed the $1,000 threshold.

What Is Grand Larceny?

Grand larceny covers thefts that involve property valued at more than $1,000 or that meet other criteria under New York law that elevate the crime to a felony, regardless of the property’s value. Grand larceny is broken down into four degrees under New York Penal Law §§ 155.30–155.42, ranging from fourth-degree (the least severe) to first-degree (the most severe).

For example, grand larceny in the fourth degree is a Class E felony that applies when the stolen property is worth more than $1,000 but not more than $3,000, or when the property is a credit card or debit card, public record, firearm, or certain other specified items. Penalties for grand larceny in the fourth degree can include up to four years in state prison.

As the value of the stolen property increases, so does the severity of the charge. Grand larceny in the third degree (Class D felony) applies to property valued over $3,000 but not more than $50,000 and carries a possible sentence of up to seven years in prison. Grand larceny in the second degree (Class C felony) involves property worth over $50,000 but not more than $1 million and can result in up to 15 years in prison. Finally, grand larceny in the first degree (Class B felony) is charged when the stolen property is worth more than $1 million and carries a potential sentence of up to 25 years behind bars.

Other Factors That Can Elevate a Theft Charge in New Jersey

While the value of the stolen property is the most common factor distinguishing petit larceny from grand larceny, other circumstances can also bump up a charge. For instance, stealing directly from someone’s person, such as pickpocketing a wallet or purse, can qualify as grand larceny, even if the value is less than $1,000. Similarly, theft involving extortion or threats can be prosecuted as grand larceny regardless of the amount involved.

Why the Distinction Matters

The difference between a misdemeanor and a felony is huge. A petit larceny conviction can create challenges when seeking jobs, housing, or professional licenses, but a felony record carries even steeper, longer-lasting consequences. A felony conviction can limit your civil rights, affect your immigration status if you are not a U.S. citizen, and expose you to longer prison sentences for any future offenses.

Because of these stakes, defending against a larceny charge is not something you should tackle alone. The burden is on the prosecution to prove that you intended to steal and that the value or circumstances meet the elements of the crime charged. Disputes over the value of the property can be an important issue in these cases. In some instances, a strong defense can convince the court to reduce a grand larceny charge to petit larceny or another lesser offense. For first-time offenders, your lawyer may be able to negotiate a plea to a non-criminal violation, an adjournment in contemplation of dismissal (ACD), or other outcomes that minimize the long-term damage.

How We Can Help

At Dupée & Monroe, P.C., we understand that good people sometimes make mistakes and that misunderstandings, false accusations, and overcharging happen far too often in theft cases. Whether you are facing a petit larceny or grand larceny charge, we thoroughly investigate the facts, challenge the evidence, and fight to protect your rights at every stage. In some cases, we may be able to argue that there was no intent to steal, that the property actually belonged to you, or that the alleged value does not support a felony charge.

We defend clients facing theft charges throughout Goshen, Orange County, and the Hudson Valley, providing knowledgeable and dedicated representation aimed at achieving the best possible resolution under the circumstances. If you or someone you care about has been arrested for petit or grand larceny, reach out to Dupée & Monroe, P.C., today for a complimentary consultation. We are here to help you understand your options, protect your future, and fight for your rights.