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new york petit larceny frequently asked questions
Contents
- 1 Petit Larceny in New York: FAQs
- 1.1 What is Considered Petit Larceny in New York?
- 1.2 What Are the Penalties for Petit Larceny Convictions?
- 1.3 Can You Go to Jail for Petit Larceny in New York?
- 1.4 Is Petit Larceny a Felony in New York?
- 1.5 Can Petit Larceny Charges Be Dismissed?
- 1.6 Should You Plead Guilty to Petit Larceny?
- 1.7 Can You Expunge a Petit Larceny Conviction in NY?
- 1.8 When Should You Contact a Lawyer?
- 1.9 What is the Statute of Limitations for Petit Larceny?
- 1.10 Can You Sue Someone for Falsely Accusing You?
- 1.11 References
Petit Larceny in New York: FAQs
Petit larceny involves stealing property worth less than $1,000. It’s a common misdemeanor charge in New York. But what exactly constitutes petit larceny? What are the penalties? Can you fight the charges? This article answers the most frequently asked questions.
What is Considered Petit Larceny in New York?
Petit larceny covers theft of money, property, or services valued under $1,000. Common examples include:
- Shoplifting items worth less than $1,000
- Pocketing a wallet containing less than $1,000 cash
- Stealing someone’s bicycle worth $200
- Embezzling less than $1,000 from an employer
It doesn’t matter if you intended to return the property. The act of taking it is larceny under NY law.
What Are the Penalties for Petit Larceny Convictions?
Petit larceny is a Class A misdemeanor in New York. Penalties can include:
- Up to 1 year in jail
- Fines up to $1,000
- Restitution to pay back victims
- Probation up to 3 years
- Permanent criminal record
Can You Go to Jail for Petit Larceny in New York?
Yes, petit larceny carries up to 1 year in jail. But for first-time offenses involving low value theft, probation or a fine are more common sentences. Jail time is more likely for repeat offenders.
Is Petit Larceny a Felony in New York?
No, petit larceny is always a misdemeanor in New York. Grand larceny (over $1,000 stolen) is the felony-level charge.
Can Petit Larceny Charges Be Dismissed?
Yes, an experienced criminal defense attorney can often get petit larceny charges dismissed by:
- Proving your innocence
- Establishing a mistaken arrest
- Showing illegal police conduct
- Negotiating dismissal as part of a plea bargain
With an aggressive legal strategy, many petit larceny cases never make it to conviction.
Should You Plead Guilty to Petit Larceny?
Not without first discussing options with your attorney. They will review the evidence and advise if pleading guilty to gain a lighter sentence is wise. But often fighting the charges is better to avoid a conviction altogether.
Can You Expunge a Petit Larceny Conviction in NY?
New York does not allow record expungement of convictions. However, you may be able to get a petit larceny conviction sealed after 10 years under the state’s record sealing rules. This keeps it out of public databases.
When Should You Contact a Lawyer?
As soon as possible after being arrested or charged. The earlier an attorney gets involved, the better your chances of beating the case. Don’t delay.
What is the Statute of Limitations for Petit Larceny?
Prosecutors have 2 years from the date of the alleged theft to file misdemeanor petit larceny charges. The clock starts ticking on the day the theft occurred.
Can You Sue Someone for Falsely Accusing You?
If you were wrongly arrested or convicted for petit larceny based on provably false allegations, you may be able to sue for defamation, false arrest, or malicious prosecution. An attorney can advise you on viable civil claims.