new york penal code 155 25 petit larceny
Contents
- 1 Understanding New York Penal Code 155.25: Petit Larceny
- 2 What is Petit Larceny?
- 3 Petit Larceny vs. Grand Larceny
- 4 Defenses to Petit Larceny Charges
- 5 Lack of Intent
- 6 Ownership of the Property
- 7 Challenging the Value
- 8 What to Do If You’re Charged with Petit Larceny
- 9 Stay Calm and Be Polite
- 10 Contact an Attorney Immediately
- 11 Document Everything
- 12 Understand the Potential Consequences
- 13 Why Choose Spodek Law Group
- 14 Unmatched Experience
- 15 Aggressive Advocacy
- 16 Personalized Attention
Understanding New York Penal Code 155.25: Petit Larceny
At Spodek Law Group, we understand how stressful and overwhelming it can be to face criminal charges, especially for a crime like petit larceny. You may be feeling scared, confused, and unsure of what to do next. But don’t worry – you’re not alone. Our experienced criminal defense attorneys are here to guide you through this difficult time and fight for your rights every step of the way.
What is Petit Larceny?
Under New York Penal Law § 155.25, a person is guilty of petit larceny when they steal property. It’s a class A misdemeanor offense. But what exactly does that mean?In simple terms, petit larceny is a legal way of saying “petty theft” or shoplifting. It applies when the value of the property stolen is less than $1,000. Once the value hits that $1,000 threshold, the charge gets bumped up to grand larceny.While petit larceny can happen in many different ways, it’s most commonly associated with shoplifting – walking out of a store with merchandise you didn’t pay for. But it could also apply to swiping someone‘s unattended purse or wallet, or even stealing a bicycle off the street.The key elements are:
- Taking property
- That belongs to someone else
- Without their permission
- With the intent to deprive them of it
Petit Larceny vs. Grand Larceny
So what‘s the difference between petit larceny and grand larceny? It really comes down to the value of the property stolen. Here‘s a quick breakdown:
| Offense | Property Value |
|---|---|
| Petit Larceny | Less than $1,000 |
| Grand Larceny 4th Degree | $1,000 – $2,999 |
| Grand Larceny 3rd Degree | $3,000 – $49,999 |
| Grand Larceny 2nd Degree | $50,000 – $999,999 |
| Grand Larceny 1st Degree | $1 million or more |
As you can see, the penalties get more severe as the value goes up. But even for petit larceny, a conviction can mean up to a year in jail. That’s why it‘s so important to have an aggressive criminal defense attorney on your side.
Defenses to Petit Larceny Charges
At Spodek Law Group, we look at every possible angle to build the strongest defense for your petit larceny case. Some common defenses include:
Lack of Intent
One of the key elements of petit larceny is intent. The prosecutor has to prove that you intended to steal the property and deprive the owner of it. If you accidentally walked out of a store still holding an item, or if you were so distracted while shopping that you forgot to pay, that may be a valid defense.Here’s an example: Let‘s say Bob is clothes shopping while having an intense conversation on his cell phone. He’s so engrossed in the call that he picks up a shirt, keeps chatting, and absentmindedly walks out still holding it. Realizing his mistake, he immediately goes back in the store to return it. In that case, Bob likely didn’t have the intent required for petit larceny.
Ownership of the Property
Another potential defense is arguing that you had a right to the property, or a claim of ownership over it. For example, maybe you were retrieving an item that a roommate borrowed without returning. Or perhaps there was a genuine misunderstanding over who an item belonged to. The “taking” element requires the property to belong to someone else.
Challenging the Value
Since the dividing line between petit and grand larceny is the value, challenging how much the stolen items are actually worth can sometimes get a charge reduced. The value has to be clearly proven. An inflated or estimated value may not hold up in court.
What to Do If You’re Charged with Petit Larceny
Stay Calm and Be Polite
If you’re stopped by store security or police, the best thing you can do is remain calm and be respectful. Don’t argue, threaten, or try to run away, as that will only make the situation worse. Comply with their instructions and tell them you want to speak to an attorney. Remember – you have the right to remain silent! Anything you say can be used against you.
Contact an Attorney Immediately
This is the single most important step. An experienced petit larceny attorney can protect your rights, deal with law enforcement and prosecutors on your behalf, and start building your defense right away. At Spodek Law Group, we’re available 24/7 to take your call. Contact us at 212-300-5196 for a free and confidential consultation.
Document Everything
Write down everything you remember about the incident as soon as possible, while the details are still fresh in your mind. What were you doing in the store? Who were you with? What specifically is alleged to have been stolen? This information will be very helpful to your attorney.
Understand the Potential Consequences
In addition to possible jail time, a petit larceny conviction can have serious collateral consequences. You may face fines, restitution, and a permanent criminal record that shows up on background checks. This can impact your ability to get a job, find housing, or pursue higher education. Don‘t underestimate the gravity of the situation.
Why Choose Spodek Law Group
When you‘re facing petit larceny charges, the attorney you choose can make all the difference in the outcome of your case. Here are a few reasons why Spodek Law Group should be your first call:
Unmatched Experience
Our attorneys have decades of combined experience handling petit larceny and other theft crimes in New York. We know the law inside and out, and we’ve seen every trick and tactic in the book. There’s nothing we haven’t successfully handled before.
Aggressive Advocacy
We believe in fighting tooth and nail for our clients. We‘ll leave no stones unturned in building your defense and advocating for the best possible outcome. Whether it’s challenging the evidence, negotiating with prosecutors, or taking your case to trial, we‘ll do whatever it takes.
Personalized Attention
To us, you’re never just another case number. We take the time to listen to your story, understand your unique situation, and develop a strategy tailored to your specific needs. You’ll work directly with your attorney, not get passed off to a paralegal or junior associate.