What Is The Difference Between Petit And Grand Larceny In New York?

The theft-related crimes defined by New York State law as “Larceny” can be difficult to navigate. Here are several things you should know when it comes to theft charges. Larceny crimes are classified as Petit or Grand. If convicted of either Petit or Grand Larceny, the penalties in NY are severe. This is why it is crucial to bring your case to an experienced Suffolk County criminal defense attorney. Call Jason Bassett for a free consultation today at (631) 259-6060.

What Is A Larceny Offense Under New York State Law?

New York Penal Law defines Larceny as an allegation of depriving someone of property. The law says that personal property is anything valuable. Therefore, while “property” often means money or possessions it can also include personal data. Such a broad definition of property makes interpreting Larceny a bit tricky.

The context of “depriving” is also wide and can mean not only taking but also disposing of property. Therefore one can be charged with Larceny even if they do not keep the alleged goods.

To be charged with Larceny one does not necessarily have to directly steal something from someone else. Penal Law Article 155.05 defines embezzlement, gaining property through fraudulent schemes, or even keeping possession of lost belongings as theft.

To gain more clarity on this matter contact highly regarded criminal defense lawyer Jason Bassett.

How Is Petit Larceny Defined In New York?

The first and easiest type of Larceny is Petit (petty) Larceny. This is a Class A misdemeanor with a punishment of up to a year in jail for property theft where the value is estimated below $1,000.

Petit Larceny is one of the simplest theft charges. Still, do not take this type of larceny lightly, and do not hesitate to reach out to us in case you have any questions.

What Is Grand Larceny In NY?

Grand Larceny is a more serious theft type. It can be punished with up to twenty-five years in prison and solid fines. Grand Larceny has four degrees which vary greatly based on the value and the type of the stolen property.

Four years in prison is the maximum term for a Grand Larceny in the Class “E” felony when the stolen property value raises above $1,000. It is the lowest class felony but is still seen as a serious crime by NY law.
For the theft of property valued above $3,000, one might face up to seven years in jail. This falls under Grand Larceny in the Class “D” felony.
Grand Larceny in the Class “C” felony is punishable with a fifteen-year prison term. One might face it when the stolen property value is over $50,000.
The maximum sentence of twenty-five years in prison is the punishment for theft with a value above $1,000,000. This is a severe crime and falls under Grand Larceny in the Class “B” felony.

Larceny Type	Punishment
Petit Larceny (Class A misdemeanor)	Up to 1 year in jail (value < $1,000)
Grand Larceny Class E	Up to 4 years in prison (value > $1,000)
Grand Larceny Class D	Up to 7 years in prison (value > $3,000)
Grand Larceny Class C	Up to 15 years in prison (value > $50,000)
Grand Larceny Class B	Up to 25 years in prison (value > $1,000,000)

Understanding Sentencing Guidelines for Petit and Grand Larceny

Understanding the sentencing norms for both petit and grand larceny in New York is critical for individuals engaged in these legal issues. Petit larceny pertains to the theft of items valued at $1,000 or less and is categorized as a Class A misdemeanor. A conviction can lead to a maximum of one year of incarceration, though imprisonment is not mandatory. Alternative penalties may include probation, community service, or fines. For thefts involving property under $100, the prosecution may opt for an adjournment in contemplation of dismissal (ACD), potentially resulting in the dismissal and sealing of the case after six months, thus circumventing a lasting criminal record.

When the value of the stolen property exceeds $1,000, the offense escalates to grand larceny in the fourth degree, a Class E felony. Conviction may impose a prison term of up to four years, but like petit larceny, incarceration is not inevitable. Offenders without a history of felony convictions might be eligible for alternative sentencing such as probation or community service. However, individuals with a recent felony conviction face a mandatory minimum sentence of 1.5 years.

Frequently, larceny charges coincide with accusations of criminal possession of stolen property. For instance, holding stolen goods worth less than $1,000 can lead to a charge of criminal possession of stolen property in the fifth degree, a Class A misdemeanor aligning with penalties for petit larceny. Conversely, possession of items valued over $1,000 elevates the charge to criminal possession of stolen property in the fourth degree, a Class E felony, potentially incurring up to four years of imprisonment.

These sentencing frameworks highlight the importance of seeking legal counsel, as the consequences of a larceny conviction can have far-reaching effects, potentially impeding future job prospects due to the creation of a criminal record.

Determining the Value of Stolen Property in a Larceny Charge

The value of a property stolen in a Grand Larceny or Petit Larceny scheme refers to the market value of the said property at the time of the crime. If the value is not able to be determined, then the value will be calculated according to the cost of the replacement value. New York Penal Law 155.20 allows additional avenues to determine the cost of the stolen property. If the value of the property is not able to be determined, the law allows a default value of $250. Since value is directly linked to the possibility of the individual being charged or arrested, it is important to seek an experienced legal representative. A skilled legal counsel can help contest the legal basis for the valuation.

Petit Larceny and Grand Larceny both are acts of “moral turpitude” which can cause serious consequences and significant impact on a person’s life. These consequences also have the potential to linger on for many years. Criminal defense lawyer Jason Bassett has extensive experience in representing those charged with larceny.

Let us help you choose the best defense strategy if you’ve been arrested for a Petit or Grand Larceny. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/what-is-the-difference-between-petit-and-grand-larceny-in-new-york/ What Is The Difference Between Petit And Grand Larceny In New York?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-the-difference-between-petit-and-grand-larceny-in-new-york/