Petit Larceny in New York: What It Means, Penalties and How Cases End
Petit larceny (New York Penal Law 155.25) is stealing property of any value up to $1,000. It is a class A misdemeanor, the most common theft charge on Long Island, and it usually comes from a store accusing someone of shoplifting. A conviction is a permanent criminal record, but most first-time cases can be resolved without one. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends petit larceny cases in Nassau and Suffolk County.
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Call before your first court date. Many first-time cases end in a dismissal and sealed record. See our petit larceny lawyer page, or call now for a free consultation.
What is petit larceny in New York?
A person commits petit larceny when they steal property. Under New York law, stealing means taking, obtaining or keeping property that belongs to someone else, with the intent to deprive the owner of it or to keep it for yourself or someone else.
There is no minimum value. Taking a $5 item can be petit larceny. Once the value is more than $1,000, the charge becomes grand larceny, which is a felony.
| Charge | Value of the property | Level |
|---|---|---|
| Petit larceny (PL 155.25) | $1,000 or less | Class A misdemeanor |
| Grand larceny, 4th degree (PL 155.30) | More than $1,000, or certain items such as a credit card or firearm | Class E felony |
| Grand larceny, 3rd degree (PL 155.35) | More than $3,000 | Class D felony |
What the prosecution must prove
To convict you of petit larceny, the prosecution must prove each of these beyond a reasonable doubt:
- You took, obtained or kept property. Concealing merchandise, walking past the registers or switching price tags can all be treated as taking.
- The property belonged to someone else. Usually a store, an employer or another person.
- You intended to steal it. An honest mistake, such as forgetting an item in a cart or a self-checkout error, is not larceny.
Intent is often the weak point. Many cases come down to a few seconds of store video and a loss-prevention report. We get the video and the store’s records before deciding how to fight the case.
Penalties for petit larceny
Petit larceny is a class A misdemeanor. The maximum sentence is:
- Up to 364 days in jail
- Up to 3 years of probation, or a conditional discharge
- A fine of up to $1,000 (or up to double the value of what was taken)
- Restitution and a mandatory court surcharge
Jail is rare for a first offense. The bigger risk is the conviction itself: a theft conviction is a permanent criminal record that employers and licensing boards look for, and for non-citizens petit larceny can be a crime involving moral turpitude with immigration consequences.
How petit larceny cases usually end on Long Island
Best outcome
Adjournment in contemplation of dismissal (ACD)
The case is adjourned, usually for six months. If you stay out of trouble and complete any condition, the case is dismissed and sealed. This is the most common good outcome for a first offense.
Fight the case
Dismissal
If the store can’t prove intent, the video doesn’t show what the report claims, or the paperwork is defective, the case can be dismissed outright.
No criminal record
Reduced to a violation
A plea to disorderly conduct, a violation that is not a crime and is generally sealed. Often used when an ACD isn’t offered.
Common condition
Theft-awareness class
Prosecutors often want a short class completed before they agree to an ACD or reduction. Finishing it before the next court date can speed the case up.
What to do if you were arrested for shoplifting
- Don’t sign anything else or explain yourself to store security or police.
- Keep the desk appearance ticket and go to court on the date printed on it.
- You may get a civil demand letter from the store asking for money. That is separate from the criminal case. Talk to a lawyer before paying it.
- Write down what happened while you remember it, including which cameras might have recorded you.
- Call a lawyer before your first court date. That is when most good outcomes are set up.
Recent petit larceny results
Dismissed & sealed
Petit larceny, $600 in merchandise
Nassau County First District Court, May 26, 2026. After the client completed a theft-awareness class, the case ended in an ACD: dismissed and sealed.
Charge dismissed · Reduced to disorderly conduct
Petit larceny, career on the line
Nassau County First District Court, June 11, 2026. A client whose job depended on a clean record was charged at a home-improvement store. The case ended in a sealed disorderly conduct plea.
Dismissed & sealed
Items not scanned at checkout
Suffolk County District Court, March 4, 2026. A client with no record charged after items weren’t scanned at a big-box store received an ACD.
Dismissed & sealed
Second petit larceny charge
Suffolk County District Court, August 21, 2026. Even with a second petit larceny case, the client received an ACD: dismissed and sealed.
More results: Long Island theft lawyer · our successful cases.
Prior results do not guarantee a similar outcome.
Petit larceny: frequently asked questions
Is petit larceny a felony in New York?
No. Petit larceny is a class A misdemeanor. Stealing property worth more than $1,000 is grand larceny, which is a felony.
Will I go to jail for petit larceny?
Jail is possible, up to 364 days, but it is rare for a first offense. Most first-time cases end in an ACD, a reduction to a violation, or a conditional discharge.
Can a petit larceny charge be dismissed?
Yes. Many first-time cases end in an adjournment in contemplation of dismissal, which leads to a dismissal and sealed record. Cases can also be dismissed when the prosecution can’t prove intent.
Does petit larceny show up on a background check?
A conviction does, permanently. A dismissal, including an ACD, is sealed. A reduction to disorderly conduct is a non-criminal violation that is generally sealed.
Do I have to pay the store’s civil demand letter?
The civil demand is separate from the criminal case, and paying it does not make the criminal charge go away. Ask a lawyer before paying.
How much does a petit larceny lawyer cost on Long Island?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation.
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