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NY Penal Law § 155.35: Grand Larceny in the Third Degree
Grand larceny in the third degree, NY Penal Law § 155.35, is stealing property worth more than $3,000. It also covers stealing an ATM or its contents, and some organized retail theft where the value of items taken over time adds up to more than $3,000. It is a class D felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends theft cases in Nassau County and Suffolk County courts.
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NY Penal Law § 155.35 at a glance
| Grand larceny in the third degree | |
|---|---|
| Statute | NY Penal Law § 155.35 |
| Charge level | Class D felony |
| Value threshold | More than $3,000 (up to $50,000, where third degree ends and second degree begins) |
| Maximum prison term | Up to 7 years |
| Next lower charge | Grand larceny in the fourth degree (PL 155.30), over $1,000, class E felony |
What NY Penal Law § 155.35 says
A person is guilty of grand larceny in the third degree when such person steals property and:
1. when the value of the property exceeds three thousand dollars, or
2. the property is an automated teller machine or the contents of an automated teller machine, or
3. the property consists of retail goods or merchandise stolen pursuant to a common scheme or plan or a single, ongoing intent to deprive another or others of the property or to appropriate the property to the actor or another person and the value of the property exceeds three thousand dollars, which value may be determined by the aggregate value of all such property regardless of whether the goods or merchandise were stolen from the same owner. Nothing in this subdivision shall be read to limit the ability to aggregate the value of any property or the ability to charge the larceny of retail goods or merchandise under another applicable provision of law.
3. when such person commits deed theft of one commercial real property, regardless of the value.
Grand larceny in the third degree is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
The official text currently contains two subdivisions numbered 3, both shown above as they appear.
What the prosecutor has to prove
- You took, obtained or withheld property from its owner.
- You did it with intent to deprive the owner of it or to keep it for yourself or someone else.
- The property was worth more than $3,000, or it was an ATM or its contents, or it falls under the retail-theft or deed-theft subdivisions.
Penalties for grand larceny in the third degree
| Outcome | What it means |
|---|---|
| Prison | Up to 7 years in state prison (class D felony). For a first offense, a sentence without prison is often possible. |
| Probation | Up to 5 years of probation may be imposed instead of prison. |
| Restitution | Paying back the full value is expected in almost every resolution and often drives the outcome. |
| Record | A felony theft conviction is a crime of dishonesty, which hurts employment, licensing and immigration status more than many other charges. |
| Reduced outcome | Depending on the value, restitution and your record, cases may be reduced to a lower felony or a misdemeanor. |
Accused of a grand larceny?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How grand larceny in the third degree charges show up on Long Island
Over about two years of Nassau County and Suffolk County arraignment records, about 163 people were arraigned on PL 155.35, a little more than half of them in Nassau County. Nearly all of them were charged under subdivision 1, value over $3,000. The ATM and retail-theft subdivisions rarely appear.
We see these charges come out of employee theft, store loss-prevention investigations, contractor and deposit disputes, and family members using a relative’s credit card or bank account.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A store employee is accused of voiding sales and keeping the cash over several months. The store says the total is $4,200, so the charge is PL 155.35(1). The defense looks at how the loss was calculated, whether other employees had access to the same register, and whether restitution can be arranged to bring the case down to a lower charge.
Defenses to a PL 155.35 charge
- Value. The prosecutor has to prove the value was over $3,000. Market value, not the asking price, usually controls, and losses are often overstated.
- Intent. A real belief that you had a right to the property or the money (a “claim of right”) can be a defense.
- Civil dispute, not a crime. Business and contract disagreements are sometimes charged as larceny when they belong in civil court.
- Identification and access. Who else had access to the account, register or property?
- Restitution strategy. Early repayment, handled correctly through counsel, can change the outcome.
Related offenses
- Petit larceny (PL 155.25), $1,000 or less, class A misdemeanor
- Grand larceny in the fourth degree (PL 155.30), over $1,000, class E felony
- Grand larceny in the second degree (PL 155.40), over $50,000, class C felony
- Criminal possession of stolen property (PL 165.40 to 165.54)
- Long Island theft and grand larceny defense
NY Penal Law § 155.35: frequently asked questions
What is grand larceny in the third degree in New York?
Under Penal Law 155.35, grand larceny in the third degree is stealing property worth more than $3,000, stealing an ATM or its contents, or certain retail theft schemes over $3,000. It is a class D felony.
How much jail time is grand larceny 3rd degree?
It is a class D felony with a maximum of 7 years in state prison. First-time offenders often receive probation or a reduced plea, especially when restitution is paid.
Can grand larceny be reduced to a misdemeanor?
Sometimes. The value, the strength of the evidence, restitution and your record all matter. Some cases are reduced to petit larceny or another misdemeanor.
Does paying the money back end the case?
Not automatically. Restitution is very important to the outcome, but the District Attorney decides whether to reduce or dismiss. Repayment should be arranged through your lawyer.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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