Petty Theft / Petit Larceny in Queens, Manhattan, and NYC

What Is Petit Larceny?

Petit larceny, generally referred to as petty theft, is a crime that involves taking another's property without the person's knowledge or consent. This is typically considered the least serious of all theft crimes that a person may commit, but there are harsh repercussions for a defendant convicted of petty theft in New York.

Is Petty Theft a Misdemeanor?

If you are facing criminal charges or have been arrested for petit larceny, it is important to involve a legal professional who can protect your constitutional rights. A New York City petty theft lawyer at Musa-Obregon Law PC can offer the level of legal counsel you need.

Led by a former prosecutor, the team at the firm has 100 years of combined experience and is completely committed to seeking the best possible result for every client.

New York Penal Code § 155.25 Petit Larceny

To better understand petit larceny charges, it is important to know how larceny is defined in New York law and in what ways it may be committed.

Definition of Larceny

According to New York Penal Code § 155.05: A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

Larceny may be committed in various ways, through hidden means or fraud. This may include theft by embezzlement, false promise, bad checks or extortion. The manner in which larceny is carried out and the value of property or amount of money involved will dictate whether a person faces petit or grand larceny charges.

Petit larceny is the lesser of these, classified as a misdemeanor, whereas grand larceny is classified as a felony and therefore subject to increased penalties, including incarceration in state prison as opposed to county jail.

What is Petit Larceny in NY?

New York Penal Code § 155.25 states: "A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor." A theft offense will typically be classified as petit larceny if the value of property involved does not exceed $1,000.

There are other factors that may come into play when determining whether theft will be classified as petit or grand larceny. If the property stolen is a firearm, public record, credit card or religious item or is taken directly from the person of another, even without force (pickpocketing), this is considered one of the more serious offense of grand larceny.

Petit Larceny NY Punishment

Petit larceny charges typically are associated with shoplifting and other non-violent forms of theft of items that are valued at less than $1,000. The maximum penalties for petit larceny in New York are up to one year in jail and a fine of up to $1,000. The court will determine exactly what penalties are imposed, depending on the circumstances of the case.

Petty Theft Defense in New York City

In the face of theft allegations or charges, the most important step you can take is to protect your rights. This is best accomplished with a skilled petty theft attorney in NYC by your side. Even if formal charges have not been filed, your attorney can advise you on how to possibly avoid charges or seek an acquittal in court.