What Is The Difference Between Petit And Grand Larceny In New York?
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Key Takeaways
- Grand larceny in New York State involves the unlawful taking of property, and it is treated as a felony larceny offense rather than petty theft.
- You can be charged with theft crimes such as grand larceny, sometimes called grand theft, if prosecutors believe you took stolen property, used a credit card without permission, or engaged in other theft offenses outlined under state law.
- Being found guilty of grand larceny can lead to serious theft charges, including long prison terms, and it may affect your employment, housing, and future opportunities.
- Early legal representation helps protect your rights and supports the attorney-client relationship needed to address the allegations and the potential consequences.
A grand larceny charge reaches far beyond a simple legal issue. It threatens your future, your freedom, and your reputation. It is common to feel anxious and confused. A felony conviction can bring prison time, steep fines, and a criminal record that affects your job prospects and ability to find housing. The legal process can feel complex and intimidating, and prosecutors often begin building their case immediately. Acting early matters.
At The Law Offices of Scott Gross, P.C., we provide steady, strategic defense focused on protecting your rights and working toward the best possible outcome.
Understanding Grand Larceny Under New York Penal Law
Grand larceny charges can feel overwhelming, especially when you are unsure what the law considers a felony. In New York, grand larceny is defined under New York Penal Law Article 155. It involves taking property without permission and intending to keep it permanently. The difference between grand larceny and petit larceny is based on the value of the property. When that value is higher than the threshold set by state law, the charge becomes a felony.
To convict you, prosecutors must prove beyond a reasonable doubt that the property was not yours, that you intended to keep it permanently, and that the owner did not consent. These elements are outlined in New York Penal Law § 155.05, which explains what conduct counts as larceny. Understanding how the law works can help you feel more informed and more prepared for the next steps.
What Is Grand Larceny Under New York Law
Grand larceny in New York can involve many different types of conduct. It applies when property over a certain value is taken or when specific types of property are involved, even if the value is low. Common examples include:
- Shoplifting electronics, designer clothing, or other expensive items.
- Stealing a motor vehicle such as a car or motorcycle.
- Taking and using a credit or debit card without permission.
- Taking money from an employer through a breach of trust.
- Using false statements, deception, or a fraudulent promise to obtain money or property.
- Taking property directly from a person, such as in a pickpocketing incident.
The way the property is taken can affect how the case is charged. Factors such as deception, a breach of trust, or direct contact with a person may lead to more serious consequences.
What Is the Difference Between Larceny and Theft?
In everyday language, “theft” can describe any act of stealing. In New York’s criminal law, “larceny” is the specific term used in the statutes. It refers to taking someone’s property without permission and intending to keep it permanently. All larceny is considered theft, but New York uses the term “larceny” when bringing criminal charges.
What Are the Different Degrees of Grand Larceny in New York?
New York divides grand larceny into four degrees based on the value and type of property involved. Each degree is a felony, and the potential penalties increase with the value of the property. Charges range from a Class E felony to a Class B felony, with possible prison sentences from several years to as much as 25 years.
Grand Larceny in the Fourth Degree
Grand larceny in the fourth degree is a Class E felony. It applies when the value of the property exceeds $1,000 or when specific items are involved, even if the value is low. These items include credit and debit cards, motor vehicles, and firearms. A conviction can lead to a prison sentence of up to four years and results in a permanent felony record.
Grand Larceny in the Third Degree
Grand larceny in the third degree is a Class D felony. It applies when the value of the property is more than $3,000, often in cases involving workplace theft or financial misconduct. A conviction can bring a prison sentence of up to seven years. Courts also frequently order restitution to repay the value of the property.
Grand Larceny in the Second Degree
Grand larceny in the second degree is a Class C felony. It applies when the value of the property is more than $50,000 or when the property is taken through certain forms of extortion. Many cases involve financial records or workplace situations where large amounts of money are involved. A conviction can lead to a prison sentence of up to 15 years.
Grand Larceny in the First Degree
Grand larceny in the first degree is a Class B felony and applies when the value of the property is more than $1,000,000. These cases often involve extensive financial records and significant investigation. A conviction can bring a prison sentence of up to 25 years.
What Separates Grand Larceny From Petit Larceny
The key difference between petit larceny and grand larceny is the value of the property and the level of the charge.
- Petit larceny is a misdemeanor involving property worth $1,000 or less, with a maximum penalty of up to one year in jail.
- Grand larceny is a felony involving property worth more than $1,000, with possible prison sentences ranging from more than one year to 25 years.
A felony conviction carries more lasting consequences than a misdemeanor, including limits on employment, housing, and other opportunities.
What Are the Penalties for Grand Larceny in New York?
The penalties for grand larceny depend on the degree of the felony. Each level carries the potential for state prison time.
- Fourth degree (Class E felony): Up to four years in prison.
- Third degree (Class D felony): Up to seven years in prison.
- Second degree (Class C felony): Up to 15 years in prison.
- First degree (Class B felony): Up to 25 years in prison.
Courts may also impose fines, restitution, and probation. Prior convictions can affect the sentence you receive.
What Should I Do If I’m Charged With Grand Larceny in New York?

If you are charged with grand larceny in New York, what you do next can influence your case. Steps that help protect your rights include:
- Do not speak to law enforcement. Decline to answer questions until you have an attorney present.
- Reach out to a defense attorney as soon as possible. Early legal guidance allows your attorney to address issues before they escalate.
- Keep any evidence that may help your case. Save receipts, messages, financial documents, or anything related to the situation.
- Avoid contacting the alleged victim. Any communication may be misinterpreted and lead to additional issues.
How Does a Grand Larceny Conviction Affect My Record?
A grand larceny conviction creates a permanent felony record. Employers, landlords, and licensing boards can view this record, which may affect job opportunities, housing, and certain professional licenses. A conviction can also affect your voting rights, firearm ownership, eligibility for some government programs, and immigration status if you are not a citizen. New York allows limited opportunities to seal felony records, so addressing the charge early is important. The Law Offices of Scott Gross, P.C., can guide you through your options and help you understand the long-term impact a conviction may have.
Can a Grand Larceny Charge Be Reduced or Dismissed?
A grand larceny charge may be reduced or dismissed depending on the facts of the case. Defense strategies can include challenging intent, questioning the property value, or attacking weaknesses in the evidence. Some first-time defendants may qualify for diversion programs that can lead to a dismissal. In other situations, negotiations may lead to a reduced charge, such as petit larceny.
Having legal support early helps protect your rights and gives your defense more room to develop. The Law Offices of Scott Gross, P.C., works to identify the strongest options for your situation and pursue the most favorable resolution available under New York law.
How Can a New York Criminal Defense Attorney Help With My Case?
A criminal defense attorney can guide you through each step of a grand larceny case and help you understand the options available under New York law. Support may include:
- Reviewing the evidence and investigating how the allegations arose.
- Identifying problems with property valuation, consent, or intent.
- Challenging searches or seizures that may have violated your rights.
- Discussing possible reductions, diversion options, or other resolutions.
- Representing you in court if your case proceeds to trial.
The Law Offices of Scott Gross, P.C., offers legal guidance focused on protecting your rights, explaining what to expect, and helping you move forward with a clear understanding of your situation.
How The Law Offices of Scott Gross, P.C., Supports Clients Facing Felony Charges
At The Law Offices of Scott Gross, P.C., we take a steady, client-centered approach to grand larceny cases. People often come to our law firm because they want clear communication and guidance they can rely on during a difficult time. From the moment we begin working together, we give your case careful attention and stay available to answer your questions and explain what each stage of the process means for you.
Our criminal defense lawyer draws on insight gained from prior prosecutorial work, which helps us look at the evidence from every angle and anticipate potential challenges. We also keep our fees practical and transparent so you know what to expect. Throughout your case, we focus on protecting your rights, helping you understand your options, and supporting you as you move forward.
Our Client Testimonials and Real World Stories
“Hire this man asap, no need to wait. From legal advice to Court house appearances. Scott Gross is the attorney to call. He’ll take your call, formulate a strategy and execute without failure. Best attorney I’ve ever hired.” — Dionamous W.
“As our attorney, Scott Gross was the only solace we found during the most difficult legal encounter of our lives. Our situation was unique and escalated quickly, Scott never used any of the attention of this matter for his own recognition- he has always done what was best for us. Even after the fact, he truly cares and has never left us with a question unanswered. Our outcome was favorable and we are so grateful for his counsel. This is the attorney you want on your side!!! Scott- we wish you all the success in the world, it is well deserved. We are so grateful to you.” — Amelia C.
Frequently Asked Questions
Are There Alternatives to Jail for Grand Larceny Charges?
Yes, some cases allow for alternatives to jail. Depending on your circumstances, the court may consider options such as probation, community service, restitution, counseling, or treatment programs. These outcomes depend on the facts of the case and your background.
Can I Be Arrested for Grand Larceny Based Only on Someone’s Accusation?
Yes. Law enforcement can make an arrest if they believe there is probable cause, which may come from a complaint, witness statements, or related evidence. An accusation alone does not mean you are guilty, and the prosecution still must prove every element of the charge. If you learn that someone has accused you of theft, speaking with an attorney early can help you avoid missteps.
Will a Grand Larceny Charge Affect My Employment?
A pending felony charge can affect your current job or future employment opportunities. Some employers run background checks during the hiring process, and certain professions have reporting requirements if you are charged with a felony. These issues depend on your job and workplace policies. Legal guidance can help you understand how to manage these concerns while your case is pending.
Is Stealing a Car Grand Larceny?
Stealing a car is often charged as grand larceny in New York because motor vehicles fall within the categories of property covered under the statute. The specific charge depends on the vehicle’s value and the circumstances of the incident.
Schedule Your Free Consultation With Our New York Legal Defense Team
Facing a grand larceny charge in New York can affect your future in many ways. Learning how the law treats these cases and understanding your options can help you feel more prepared for what comes next. Reaching out early gives you the chance to ask questions, protect your rights, and get informed guidance before important decisions must be made.
If you or someone close to you is dealing with a grand larceny charge, you can speak with our team about your situation during a free consultation. Call The Law Offices of Scott Gross, P.C., at 516-500-9068 or fill out our online form to discuss your case and learn what steps may be available to you.
Written By Scott Gross
Scott Gross is the founder and lead criminal defense attorney at the Law Offices of Scott Gross. In 2006, Mr. Gross was appointed as an Assistant District Attorney in Suffolk County, New York. Scott Gross has handled thousands of criminal cases at all levels, many of which were high-profile matters followed by various media outlets. Because of his experience in Suffolk County, Mr. Gross is highly-skilled in defense trial techniques and rules of evidence for individuals facing criminal charges.