Larceny in New York is graded mostly by value. The same conduct can be a misdemeanor or a serious felony depending on how the prosecution adds up the property, so the valuation itself is often the first thing to challenge.
Value thresholds
- Petit larceny (PL § 155.25): any value, a class A misdemeanor. Most shoplifting cases are charged this way.
- Grand larceny in the fourth degree (PL § 155.30): more than $1,000, or certain property such as a credit card or firearm regardless of value. Class E felony.
- Grand larceny in the third degree (PL § 155.35): more than $3,000. Class D felony.
- Grand larceny in the second degree (PL § 155.40): more than $50,000. Class C felony.
- Grand larceny in the first degree (PL § 155.42): more than $1,000,000. Class B felony.
Common defenses and issues
- Intent: larceny requires intent to deprive the owner of property, not a mistake, a dispute over money owed or a misunderstanding about permission.
- Valuation: market value at the time and place of the theft, not retail tags, replacement cost or aggregated guesses.
- Store detention practices, loss-prevention statements and video retention.
- Restitution and early resolution, which can matter a great deal in first-offense cases.
Questions clients ask
I received a civil demand letter from a store. Is that the same as the criminal case?
No. A civil demand is a separate request for money from the retailer. Paying it does not end a criminal case, and the two should be handled with advice on how each affects the other.
Can a first shoplifting charge be dismissed?
For many first-time petit larceny charges, an ACD or a reduction to a non-criminal violation is a realistic goal, but it depends on the facts, the value and the county.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.