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Being charged with theft in New York is a serious matter that can have lasting consequences. A conviction can affect your job, your reputation, and even your freedom. Theft offenses range from minor incidents to complex felonies involving large amounts of money or property. This blog explains theft charges, the potential penalties, and how an experienced defense attorney can protect your rights.
How New York Defines Theft
Under New York Penal Law § 155.05, larceny is defined as the unlawful taking, obtaining, or withholding of another person’s property with the intent to deprive that person of it or to appropriate it to oneself or another.
In simpler terms, it means intentionally taking something that belongs to someone else without permission and intending to keep it permanently or for an extended period. This broad definition covers a variety of offenses, including:
- Petit (petty) larceny
- Grand larceny (in varying degrees)
- Embezzlement
- Extortion
- Possession of stolen property
- Burglary and robbery when property is taken by force
Since the law covers so many situations, even a relatively minor accusation can lead to serious legal consequences if not handled carefully.
Degrees of Theft and Possible Penalties
New York separates theft offenses by the value and nature of the property involved. Understanding these degrees helps you gauge the potential penalties you might face.
Petit Larceny (PL §155.25)
- Property value: $1,000 or less
- Misdemeanor offense
- Possible sentence: Up to one year in jail, probation, fines, and restitution
Grand Larceny
Grand larceny covers property worth more than $1,000 and is divided into four degrees:
- Fourth Degree (PL §155.30) – Property worth more than $1,000 or certain types of property (credit cards, firearms, or items taken directly from a person).
Class E felony – up to 4 years in prison. - Third Degree (PL §155.35) – Property worth more than $3,000.
Class D felony – up to 7 years in prison. - Second Degree (PL §155.40) – Property worth more than $50,000.
Class C felony – up to 15 years in prison. - First Degree (PL §155.42) – Property worth more than $1 million.
Class B felony – up to 25 years in prison.
In addition to prison time, theft convictions may result in fines, restitution, probation, and a permanent criminal record. Having a prior record or aggravating factors—such as the use of force, threats, or a vulnerable victim—can increase penalties.
Factors That Influence a Theft Charge
The circumstances behind the alleged theft can significantly affect how the case is charged and prosecuted. Common examples include:
- Taking or holding property believed to belong to you
- Buying or selling used goods that later turn out to be stolen
- Withholding property from an employer or client (embezzlement)
- Demanding money or items through threats (extortion)
- Possessing property connected to another theft investigation
Even if you never stole anything yourself, being in possession of stolen property that you knew was stolen can still lead to criminal charges.
Defenses Against Theft Allegations
Every theft case depends on intent, knowledge, and proof. A strong defense often challenges one or more of those elements. Common strategies include:
- Lack of Intent–You didn’t intend to steal or permanently deprive the owner of the property.
- Claim of Right–You honestly believed the property belonged to you.
- Consent–You had the owner’s permission to take or use the property.
- Duress or Coercion–You were forced to commit the act under threat of harm.
- Entrapment–You were induced by law enforcement to commit a crime you otherwise would not have committed.
- Mistake of Fact–You took property by accident, believing it was yours.
- Procedural Errors–Police lacked probable cause, violated search and seizure laws, or failed to read your Miranda rights.
Even if none of these defenses completely dismiss the charge, they can still reduce the severity of the offense or limit penalties. The proper defense depends on the facts, the evidence, and how the case was handled from the beginning.
How Our Firm Can Help
Theft cases move quickly through local criminal courts in Nassau and Suffolk Counties, and prosecutors often push for early plea deals. Having an attorney from the start ensures that:
- Evidence is preserved and properly examined
- Your side of the story is documented clearly
- Negotiations happen from a position of strength
- Opportunities for dismissal, reduction, or alternative sentencing aren’t missed
At Michael A. Arbeit, P.C., we personally handle every stage of your case, from arraignment to trial, and work to protect not just your record, but your reputation. Contact us today to begin building your defense.