Larceny


According to New York Law, a person commits larceny when, with the intent to deprive another person in order to appropriate it to themselves or a third party, the offender wrongfully takes, obtains or goes further to withhold such property from the owner thereof. The penal laws also identify specific methods of larceny including:

  • By trick or embezzlement
  • Obtaining by false pretense
  • Acquiring lost property
  • Taking property through extortion
  • Issuing a bad check

While the categorization might appear straightforward, larceny and theft laws are some of the most convoluted in the corridors of justice, which necessitates services of an aggressive attorney. At Stephan Jacob Siegel, Esq., we have the experience to handle your legal issues.

Larceny and Theft

Theft Charges

Like most states, theft charges and larceny are classified based on monetary value of the property involved. Classifications include:


  • Petit larceny:

    If the property has a value of $1,000 or less, this has a penalty of up to a year or a fine of $1,000.

  • Grand larceny in fourth degree

    (Class E felony):

    If the value of the item or service stolen is more than $1,000 or if it is a firearm, motor vehicle, or other specified property under the law, the penalty is imprisonment of up to four years. The fine will not exceed the greater of $5,000 or double an offender’s gain from the offense.

  • Grand larceny in third degree

    (Class D felony):

    Where the value of property stolen exceeds $3,000 or if it is an ATM or contents, a charge of imprisonment not exceeding seven years, fine not to exceed $5,000 or double an offender’s gain from the offense.

  • Grand larceny in second degree

    (Class C felony):

    If the value of property stolen exceeds $50,000 or it is obtained through extortion, a charge of imprisonment running to 15 years, fine not to exceed $15,000 or double an offender’s gain from the offense.

  • Grand larceny in the first degree

    (Class B felony):

    If the value of stolen property exceeds $1,000,000, the penalty is jail time not to exceed 25 years, fine not to exceed $5,000 or double an offender’s gain from the offense.

Shoplifting

While it might sound like a simple crime, shoplifting in NY comes with serious penalties such as jail time and hefty fines. This is punishable as larceny in the state of New York if the value of propriety stolen is $1,000 or less and grand larceny if the value of the item is more than $1,000.


Shoplifting Penalties

To appreciate the seriousness of shoplifting in the state, take a look at the accompanying penalties.

  • Petit larceny: Shoplifting of property with a value of $1,000 or less has a penalty of up to a year or a fine of $1,000.
  • Grand larceny in the fourth degree (Class E felony): If value of the shoplifted item is more than $1,000 or equal to or less than $3,000, the penalty is imprisonment of up to four years. The fine will not be higher than $5,000 or double an offender’s gain from the offense.
  • Grand larceny in third-degree (Class D felony): If the value of shoplifted item is more than $3,000 or equal to or less than $5,000, imprisonment up to seven years, fine not to exceed $5,000 or double an offender’s gain from the offense.
  • Grand larceny in second-degree (Class C felony): If the value of shoplifted item is more than $50,000, imprisonment running to 15 years, fine not to exceed $5,000 or double an offender’s gain from the offense.
  • Grand larceny in the first degree (Class B felony): If the value of shoplifted item is more than $1,000,000, penalty is jail time up to 25 years, fine not to exceed $5,000 or double an offender’s gain from the offense.
Theft Charges

Theft Defense Attorney

It gets worse for a shoplifter because under civil penalties, a person who commits the crime, the parent or guardian may be held civilly liable to a merchant for the following:

  • Retail value of merchandise if not returned in a sellable condition not to exceed $ 1,500.
  • A penalty equaling which is not to exceed the greater of five times the retail price of shoplifted merchandise with a cap of $500.

If you are facing a larceny and theft charge including shoplifting in NY, we are here assist you. We will review your case and provide direction to ensure you get a fair trial.