Theft vs Larceny vs Robbery vs Burglary New York

Thanks for visiting Spodek Law Group – managed by Todd Spodek, a second-generation law firm with over 40 years of combined experience. You took someone’s phone without permission. Prosecutors could charge that conduct four different ways depending on the circumstances: petit larceny (misdemeanor, up to 1 year), grand larceny (felony, up to 25 years if high value), robbery (felony, up to 25 years if you used force), or burglary (felony, up to 25 years if you entered a building intending to steal). Same phone. Same defendant. Wildly different sentences based solely on which label prosecutors choose to attach to your conduct.

New York doesn’t use “theft” as a statutory crime – it’s larceny. Theft and larceny mean the same thing, just different words. But robbery and burglary are distinct crimes with different elements, and prosecutors exploit the overlapping definitions to charge defendants with the most serious offense that plausibly fits. At Spodek Law Group – we force prosecutors to prove every element of the charge they file, because the difference between “you took property” (larceny) and “you used force to take property” (robbery) can mean 24 additional years in prison.

Larceny: The Baseline Property Crime

Larceny means taking, obtaining, or withholding someone else’s property with intent to deprive them of it. That’s it. No force required. No breaking and entering. No victim presence necessary. You saw an unattended laptop at a coffee shop, you took it, you intended to keep it – that’s larceny. Petit larceny (property value $1,000 or under) is a Class A misdemeanor carrying up to 364 days. Grand larceny (value exceeds $1,000) escalates to felonies ranging from Class E (up to 4 years) to Class B (up to 25 years) depending on value thresholds.

Prosecutors love grand larceny charges because they can inflate property values. Stole a used iPhone worth maybe $400 on the secondary market? Prosecutors claim it’s worth $1,100 based on original retail price, bumping petit larceny to felony grand larceny. Your defense attorney should demand proof of actual value – not replacement cost, not retail price when new, but fair market value of the specific item in its used condition at the time of theft. Prosecutors rarely provide appraisals. They cite retail prices and hope defendants plead guilty before challenging valuations.

Intent to Deprive

Larceny requires intent to deprive the owner of property permanently or substantially. If you borrowed something intending to return it, that’s not larceny – it’s unauthorized use, a lesser offense. But how do prosecutors prove you intended permanent deprivation versus temporary use? They infer it. You took the item and left? Intent to deprive. You didn’t return it within hours? Intent to deprive. You sold it or pawned it? Definitely intent to deprive. Defense requires showing your conduct was consistent with borrowing – you contacted the owner about returning it, you kept it in good condition, you had a history of borrowing and returning similar items. Without affirmative evidence of intent to return, juries assume taking equals intent to keep.

Robbery Adds Force

Robbery is larceny plus force or threat of force. Same property-taking, but you used physical force or threatened immediate physical injury to accomplish it. Robbery is always a felony regardless of property value – even stealing a $5 wallet becomes robbery if you shoved the victim or threatened them. New York recognizes three degrees:

• **Third degree (Class D, up to 7 years):** Forcible stealing.
• **Second degree (Class C, up to 15 years):** You caused physical injury, displayed what appeared to be a firearm, or the victim was in a motor vehicle (carjacking).
• **First degree (Class B, up to 25 years):** You or an accomplice caused serious physical injury, or you or an accomplice displayed and threatened use of a firearm.

The “force” element is where prosecutors manipulate charges. How much force transforms larceny into robbery? Grabbing a purse while the victim held it – is that force? Prosecutors say yes. Pushing someone aside to grab merchandise – force. Yanking something from their hands causing them to stumble – force. Defense often concedes larceny but contests whether sufficient force occurred to warrant the robbery enhancement and its dramatically harsher sentencing.

What about “threat of immediate physical injury”? Verbal threats can constitute robbery if they create reasonable fear of imminent harm. “Give me your wallet or I’ll hurt you” – clearly robbery. But what if you just said “give me your wallet” in a menacing tone while standing close? Prosecutors argue the context and manner created an implicit threat even without explicit words. Did you reach toward your pocket as though accessing a weapon? That’s displaying what “appeared to be” a weapon even if you were unarmed. Robbery charges don’t require actual weapons or actual force – apparent weapons and threatened force suffice, giving prosecutors enormous latitude.

Burglary Doesn’t Even Require Theft

Burglary: entering or remaining unlawfully in a building with intent to commit a crime inside. Notice what’s missing – successful theft. You don’t need to actually steal anything for burglary. Intent to commit a crime inside is the critical element, and prosecutors infer intent from your mere presence. Broke into a house and got caught before taking anything? Burglary. Entered a store after hours intending to steal? Burglary even if you left empty-handed. The intended crime doesn’t have to be theft – entering with intent to commit assault, criminal mischief, or any crime qualifies.

New York burglary comes in three degrees based on building type and circumstances:

• **Third degree (Class D, up to 7 years):** Unlawfully entering or remaining in a building with intent to commit a crime.
• **Second degree (Class C, up to 15 years):** Building is a dwelling, or you’re armed, or you cause physical injury, or you display what appears to be a firearm.
• **First degree (Class B, up to 25 years):** Dwelling burglary where you or an accomplice cause physical injury or are armed with explosives or deadly weapons.

“Dwelling” triggers enhanced penalties. Non-residential buildings get third-degree burglary. Homes, apartments, places where people sleep – those get second or first degree, carrying 15-25 years. Prosecutors charge every occupied building as a dwelling if anyone sleeps there regularly, even if the burglary occurred during daytime when the resident was at work.

Proving “Intent to Commit a Crime”

This is the prosecutorial magic trick. How do they prove you entered intending to commit a crime? Circumstantial evidence: You entered through a broken window (forced entry suggests criminal intent). You were carrying burglary tools (bolt cutters, crowbars). You concealed your face (consciousness of guilt). You fled when confronted (showed awareness you were trespassing). You were in areas of the building where visitors don’t belong (bedrooms, offices, storage). Prosecutors piece together circumstances that *suggest* criminal intent and argue it’s the only reasonable inference.

Your defense challenges this inference. Maybe you entered seeking shelter from weather (not criminal intent). Maybe the door was open and you thought it was a public building. Maybe you were meeting someone there and got lost looking for them. Maybe you had permission to be there but the owner later claimed you didn’t. Intent is subjective – prosecutors must prove what you were thinking when you entered. Without a confession or clear evidence of attempted crime, intent becomes a battle of competing narratives about why you were where you weren’t supposed to be.

Why Prosecutors Choose the Harshest Charge That Fits

Same conduct, different labels. You entered a house and took a TV:

• **Larceny:** Prosecutors charge grand larceny (Class E, up to 4 years) based on TV value.
• **Burglary:** Prosecutors charge burglary second degree (Class C, up to 15 years) because you entered a dwelling with intent to steal.
• **Robbery:** If the homeowner was present and you threatened them or used force, prosecutors charge robbery first degree (Class B, up to 25 years).

Which one gets filed? The one carrying the longest sentence that the evidence plausibly supports. Prosecutors routinely overcharge – file the most serious offense that might stick, then offer to reduce charges during plea negotiations. This creates leverage. Facing 25 years for robbery first? Suddenly pleading guilty to burglary second (15 years max) feels like a gift, even though the conduct might only warrant grand larceny (4 years max) if prosecutors charged appropriately from the start.

At Spodek Law Group, we challenge overcharging by forcing prosecutors to prove every element of the enhanced charge. Did you really use “force” (robbery) or just took property when the victim wasn’t paying attention (larceny)? Did you enter intending to commit a crime (burglary) or did you wander in and opportunistically take something after already being inside (trespass plus larceny)? The label matters enormously – fighting to reduce robbery to larceny can mean 20+ years less in prison.

Theft equals larceny in New York – just synonyms. But larceny, robbery, and burglary create a sentencing hierarchy where the same property-taking conduct ranges from 1 year to 25 years depending on force, dwelling entry, and intent elements. Prosecutors choose labels strategically. Your defense requires deconstructing those choices and forcing proof of every element that separates misdemeanor larceny from felony robbery or burglary. We’re available 24/7. Call us.