PL 155.25: Petit Larceny in New York

PL 155.25 is New York’s petit larceny statute, and a conviction is a Class A misdemeanor that puts a theft charge on your record permanently — a shoplifting accusation, a dispute over an unreturned tool, or a package taken from a lobby all land here. Here is the exposure, and then what usually happens to these cases on Long Island. If you have been charged, call Hochhauser Criminal & DWI Defense at 516-939-1529.

PL 155.25 penalties and sentencing

A conviction under PL 155.25 is a Class A misdemeanor. Here is the full exposure a court can impose.

For a first offense with no record, jail is unusual. In practice, therefore, the record itself is the actual punishment.

What is petit larceny under PL 155.25?

The statute is one sentence long: a person is guilty of petit larceny when he or she steals property. There is no dollar threshold. PL 155.25 covers property worth one dollar and property worth one thousand dollars alike — once the value exceeds $1,000, the charge escalates to grand larceny.

New York defines “steals” broadly. It reaches far more than shoplifting.

Intent is where these cases are won and lost. Notably, walking out of a store with unpaid merchandise is not automatically a crime — forgetting an item under a stroller, a scanning error at self-checkout, and a genuine belief that you had already paid all defeat the intent element.

Petit larceny vs. grand larceny in New York

Value is an element, and it is contestable. For that reason, retail price tags, inflated loss-prevention estimates, and aggregated items are routinely challenged — a few hundred dollars of disputed value can be the difference between a misdemeanor and a felony.

Why a theft conviction hurts more than other misdemeanors

• Employers treat it as a character finding. A theft conviction signals dishonesty in a way a disorderly conduct plea does not. Retail, banking, healthcare, and any job handling money or inventory will see it.
• Immigration consequences are serious. Larceny is generally treated as a crime involving moral turpitude. New York caps the Class A misdemeanor sentence at 364 days precisely so a conviction is less likely to be an aggravated felony under federal immigration law — but the risk to green card holders and visa holders remains real, and an immigration consultation is essential.
• Professional licenses. Nurses, teachers, brokers, security guards, and CDL holders face separate agency review.
• A civil demand letter. Retailers frequently send a demand for money after a shoplifting arrest. That civil claim is separate from your criminal case, and you should speak with your attorney before responding to it.

How petit larceny cases resolve on Long Island

Most first-time PL 155.25 cases in Nassau and Suffolk County do not end in a criminal conviction. Common outcomes include:

• Adjournment in contemplation of dismissal (ACD). The case is adjourned, and if you stay out of trouble it is dismissed and sealed. Sometimes conditioned on a short shoplifting-prevention class or community service.
• Reduction to a non-criminal violation such as disorderly conduct, which is not a crime in New York.
• Outright dismissal where the evidence, the intent proof, or the value cannot be established.
• Diversion or a program disposition where the conduct connects to an underlying issue the court will credit.

New York’s Clean Slate Act also automatically seals most misdemeanor convictions three years after sentencing or release, provided you have no new charges. Still, sealing is not the same as never having been convicted, and it does not reach every purpose — which is why avoiding the conviction in the first place is worth real effort.

Defenses to a PL 155.25 charge

• No intent to steal. Distraction, a self-checkout error, a child placing an item in a bag, or an honest belief that payment was made.
• Claim of right. You believed in good faith that the property was yours, or that you were entitled to it — common in disputes between roommates, family members, contractors, and former partners.
• Misidentification. Store video is frequently low quality, and loss-prevention staff often identify the wrong person in a busy store.
• Never left the store, or no concealment. The facts may simply not support the accusation as written.
• Unlawful detention or search. How the merchant or police obtained the evidence matters, and it can be suppressed.
• Proof problems. A missing complaining witness, unpreserved video, or a defective accusatory instrument can end the case.

Where PL 155.25 cases are heard on Long Island

Petit larceny is charged more often in Suffolk County than in Nassau. Furthermore, the two District Attorney’s offices approach first-offense theft cases differently. Local knowledge matters. We handle these cases in Nassau County and Suffolk County every week.

PL 155.25 frequently asked questions

Is petit larceny a felony in New York?

No. PL 155.25 is a Class A misdemeanor. Theft of property worth more than $1,000 becomes grand larceny, which is a felony.

Will I go to jail for a first petit larceny charge?

Jail is uncommon for a first offense with no record, but it is legally available up to 364 days. The realistic risk is the conviction itself, not incarceration.

Can the charge be dismissed?

Yes. An ACD leads to dismissal and sealing after the adjournment period, and cases are also dismissed outright on the merits. See our pages on theft offenses and New York shoplifting laws.

Do I need a lawyer if the item was worth $20?

Yes. The value does not change the charge level or what appears on a background check. A $20 case and a $900 case are both Class A misdemeanors.

What does the statute actually say?

You can read the text at the New York State Senate. For a broader overview of misdemeanor exposure, see our page on misdemeanors in New York.

Speak with a Long Island petit larceny defense lawyer

Richard Hochhauser has defended theft cases in Nassau and Suffolk County District Court for years, and the objective in nearly every first-offense petit larceny case is the same: no criminal conviction. The earlier we get involved, the more options remain on the table.

This page provides general information about PL 155.25 in New York and is not legal advice. Every case turns on its own facts. Contacting our firm does not create an attorney-client relationship.