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Petit larceny involves stealing property worth less than $1,000. It’s a common misdemeanor charge in New York. But what exactly constitutes petit larceny? What are the penalties? Can you fight the charges? This article answers the most frequently asked questions.
Petit larceny covers theft of money, property, or services valued under $1,000. Common examples include:
It doesn’t matter if you intended to return the property. The act of taking it is larceny under NY law.
Petit larceny is a Class A misdemeanor in New York. Penalties can include:
Yes, petit larceny carries up to 1 year in jail. But for first-time offenses involving low value theft, probation or a fine are more common sentences. Jail time is more likely for repeat offenders.
No, petit larceny is always a misdemeanor in New York. Grand larceny (over $1,000 stolen) is the felony-level charge.
Yes, an experienced criminal defense attorney can often get petit larceny charges dismissed by:
With an aggressive legal strategy, many petit larceny cases never make it to conviction.
Not without first discussing options with your attorney. They will review the evidence and advise if pleading guilty to gain a lighter sentence is wise. But often fighting the charges is better to avoid a conviction altogether.
New York does not allow record expungement of convictions. However, you may be able to get a petit larceny conviction sealed after 10 years under the state’s record sealing rules. This keeps it out of public databases.
As soon as possible after being arrested or charged. The earlier an attorney gets involved, the better your chances of beating the case. Don’t delay.
Prosecutors have 2 years from the date of the alleged theft to file misdemeanor petit larceny charges. The clock starts ticking on the day the theft occurred.
If you were wrongly arrested or convicted for petit larceny based on provably false allegations, you may be able to sue for defamation, false arrest, or malicious prosecution. An attorney can advise you on viable civil claims.
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