Understanding Petit Larceny Charges in New York

The Law: A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor.

1. What the Law Prohibits

Petit larceny makes it illegal to steal someone else’s property. Petit larceny only applies if the property that you are accused of stealing has a value that is less than $1,000. This includes shoplifting from stores, taking someone’s wallet, stealing a bicycle, or any other act of taking property that doesn’t belong to you.

2. Penalties if Convicted

If convicted the maximum punishment is up to 1 year in jail. As a Class A misdemeanor, petit larceny can also result in:

• A fine up to $1,000
• Probation instead of or in addition to jail time
• Community service
• A permanent criminal record

3. What the State Must Prove (Elements of the Offense)

To convict someone of petit larceny, the prosecutor must prove beyond a reasonable doubt that the person “steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”

This breaks down into three key elements:

• Intent: The person meant to permanently take the property away from the owner or use it for themselves
• Wrongful taking: The person took, obtained, or kept property that didn’t belong to them without permission
• Ownership: The property belonged to someone else

The state must also prove that the stolen property was worth less than $1,000 (otherwise it becomes grand larceny, a more serious felony charge).

Why It Matters

Even though petit larceny is a misdemeanor, a conviction can have serious consequences including jail time and a permanent criminal record that can affect employment, housing, and other opportunities. Each element of the offense must be proven beyond a reasonable doubt, and there may be various defenses available depending on the specific circumstances of your case.