New York Misdemeanor Larceny Frequently Asked Questions

Misdemeanor larceny is a type of criminal offense involving theft. It is defined as the unlawful illegal taking away, obtaining, or withholding of another person’s property, with the intent to deprive them of it. If the property has a value of $1000 or less the charge will be petit larceny, a misdemeanor. If the value of the property is more than $1000, then the charge will be grand larceny, a felony. One of the most common types of petit larceny is shoplifting.

Because petit larceny is a misdemeanor, the penalty for conviction may include:

• Jail. As a class A misdemeanor, the maximum jail time is up to a year.
• Fine
• Restitution, requiring the defendant to pay the victim back for the property stolen and any other losses that occurred as a result of the theft.
• Community service

In determining a defendant’s sentence, the court will take into consideration a number of factors, including the defendant’s criminal history. If there is the defendant’s first offense, the sentence will be more lenient than if the defendant is a repeat offender.

A common defense to a charge of petit larceny is that the defendant lacked intent. New York law requires that for larceny the person charged must have intended to deprive another of property or appropriate the property to yourself. If, for example, you are in a grocery store and pay for a cart full of products, but did not notice an item that was left in the cart, then that defendant would not have intended to steal.

Even though petit larceny is a misdemeanor, a conviction will negatively impact your future. You may end up in jail and face fines and fees. You will also end up with a criminal record that may impact your ability to find work. If you are under investigation for misdemeanor larceny, it is important that you have experienced representation. The skilled criminal attorneys at the Law Offices of Stephen Bilkis & Associates have more than 2 decades of experience successfully representing clients in New York charged with felonies and misdemeanors. We can help. Contact us at 800.NY.NY.LAW (800.696.9529) to schedule a free, no obligation consultation regarding your case. We represent clients facing criminal charges in the following locations: Queens, Nassau County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Suffolk County, and Westchester County.