new york petit larceny sentencing guidelines lawyer

Petit larceny is the most common type of theft crime in New York. While considered a misdemeanor, a conviction can still carry significant penalties. Let’s take a look at petit larceny charges, sentencing guidelines, and how an experienced lawyer can help.

What is Petit Larceny in New York?

Under New York Penal Code Article 155, petit larceny involves stealing property valued at $1,000 or less. It is charged as a Class A misdemeanor. Some examples include:

• Shoplifting
• Pickpocketing
• Stealing a bicycle
• Embezzling less than $1,000

If the value exceeds $1,000, it becomes the more serious grand larceny felony charge instead.

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Legal Scenario: What Would You Do?

Scenario

You were stopped by security at a department store in Manhattan after placing a $200 jacket into your shopping bag without paying. The police were called and you were arrested and charged with petit larceny under New York Penal Law § 155.25.

What kind of sentence am I facing for a first-time petit larceny charge in New York, and is there any way to avoid a criminal record?

Attorney's Answer

Petit larceny under NY Penal Law § 155.25 is a Class A misdemeanor, which carries a maximum sentence of up to one year in jail and a fine of up to $1,000. However, as a first-time offender, you may be eligible for an Adjournment in Contemplation of Dismissal (ACD) under Criminal Procedure Law § 170.55, which would result in the charge being dismissed and sealed after six months if you stay out of trouble. In some cases, we can negotiate a plea down to a non-criminal violation such as disorderly conduct under Penal Law § 240.20, which would avoid a criminal record entirely. An experienced defense attorney can evaluate the evidence, challenge the store's detention procedures, and advocate for the most favorable outcome in your case.

This is general information only. Contact us for advice specific to your situation.

Penalties and Sentencing Guidelines for Petit Larceny

Potential penalties if convicted of petit larceny in New York include:

• Up to 1 year in jail
• Up to $1,000 in fines
• Restitution to the victim
• Probation up to 3 years
• Permanent criminal record