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new york penal code 155 25 petit larceny
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New York Penal Code 155.25 Petit Larceny
Petit larceny, also known as petty theft, is a misdemeanor offense in New York defined under Penal Law 155.25. This law makes it illegal to steal property, even if the value is small. Petit larceny carries up to 1 year in jail.
Larceny laws cover taking someone else’s property without permission, with the intent to permanently deprive them of it. Petit larceny applies when the value of the stolen property is less than $1,000. If the value is $1,000 or more, it becomes the more serious felony grand larceny under PL 155.30.
Elements of Petit Larceny in New York
For a petit larceny conviction, prosecutors must prove these elements beyond a reasonable doubt:
- You took, obtained or withheld property from an owner
- You did so without consent or authority
- You intended to deprive the owner of that property permanently
- The value of the property was less than $1,000
Property includes anything of value, like merchandise, money, services, computer data, trade secrets, or intellectual property. The property does not need to strictly belong to the victim. It could belong to an employer, a friend, a business, or anyone else.
Penalties for Petit Larceny in New York
Petit larceny is a Class A misdemeanor in New York. Penalties can include:
- Up to 1 year in jail
- Up to 3 years probation
- Fines up to $1,000
- Restitution to the victim
- Community service
- Theft awareness program
Jail time is rare for a first offense. But penalties quickly escalate for repeat offenders through New York’s “persistent petty offender” laws. A second petit larceny conviction within 5 years becomes a felony with heavier punishment.
Common Defenses to Petit Larceny
Several legal defenses may defeat a petit larceny charge. Common defenses include:
- No intent to steal – The person did not realize they took property without paying. For example, forgetting to scan an item at self-checkout.
- Claim of right – The person had a lawful claim over the property or permission to take it. For example, taking something from a roommate who owes you money.
- Intoxication – The person was too impaired to form intent due to drugs, alcohol or medication.
- Mistake – The person made an honest and reasonable mistake, like taking the wrong bag at the airport.
- Duress – The person only committed the theft under threat of harm.
The prosecutor must overcome these defenses by proving criminal intent beyond a reasonable doubt. A skilled New York theft crimes attorney can evaluate defenses and fight the charges.
Shoplifting and Petit Larceny
Shoplifting is not a separate crime under New York law. Most shoplifting cases fall under petit larceny. Common examples include:
- Concealing store merchandise in a bag, pocket or clothing
- Switching price tags to pay less for an item
- Under-ringing items at self checkout
- Returning stolen merchandise for a refund
- Eating food or opening packages without paying
Security guards can detain shoplifting suspects until police arrive. But merchants cannot use unreasonable force or violate rights. Any confession or cooperation with the store cannot be used against you in court. Exercise your right to remain silent until you have a lawyer.
New York has many laws against different forms of theft and larceny, including:
- Grand larceny – Stealing property worth over $1,000 (PL 155.30 – 155.42)
- Auto theft – Stealing a vehicle (PL 165.05 – 165.10)
- Identity theft – Using someone’s personal information to obtain funds or credit (PL 190.77 – 190.84)
- Welfare fraud – Obtaining excessive public benefits illegally (PL 158.10 – 158.20)
- Robbery – Stealing by force or threat (PL 160.00 – 160.15)
- Burglary – Entering a building to commit a crime (PL 140.20 – 140.30)
- Credit/debit card theft – Stealing or misusing credit cards (PL 165.45 – 165.55)
Penalties vary based on the value stolen, use of force, number of victims and other factors. An experienced criminal defense lawyer can help fight any theft charges.
Getting Legal Help for Petit Larceny Charges
Petit larceny allegations can have lasting effects on your criminal record and immigration status. Do not take chances. Consult an attorney as soon as possible after an arrest.
A knowledgeable New York theft defense lawyer will advise you of your rights, review the prosecutor’s evidence, and develop an aggressive defense strategy. With an early intervention, charges may be reduced or dismissed pre-trial. Do not delay in seeking experienced legal help.