Petit Larceny in New York: NY Penal Law § 155.25.

Petit larceny is New York's low-level theft charge: taking property worth $1,000 or less. It is codified at New York Penal Law § 155.25 (PL 155.25), it is a class A misdemeanor, and it carries up to one year in jail, up to three years' probation, or a conditional discharge. Anything above the $1,000 line becomes grand larceny.

What is petit larceny?

So what is petit larceny, in plain terms? Under NYS PL 155.25 a person is guilty when they steal property - any property, of any kind, valued at $1,000 or less. The statute needs two things: the taking, and the intent to deprive the owner of it. Without intent there is no crime, which is the single most important sentence on this page.

People write it several ways and mean the same charge. Petit larceny, petty larceny, and the common misspelling "petite larceny" all point at PL 155.25. New York's statute books use petit; everyday speech in the five boroughs tends toward petty larceny NY. Petit larceny New York and petty larceny New York are the same charge. If you were handed a desk appearance ticket in Manhattan or Brooklyn that says petit larceny NYC, that is this section.

Petit larceny under NY Penal Law § 155.25

The elements the prosecution has to prove:

• Property was taken. Money, goods, services, a credit card, a phone - the statute is broad about what counts.
• The value was $1,000 or less. Value is market value at the time of the taking, and it is contestable. Retail price is not automatically market value.
• Intent to deprive. The taking has to be deliberate. Forgetting to pay, walking out while distracted, or believing you had a right to the item all attack this element.

The charge is most commonly associated with shoplifting, but the same section covers taking a package from a lobby, keeping a found wallet, and unpaid-for services. Where these prosecutions differ from the popular picture is volume: most are resolved without trial, and many are resolved without a conviction at all.

For Example

Roger is in a clothing store in the mall, absentmindedly browsing merchandise while talking on his cell phone. As he picks up a shirt in the middle of a compelling conversation, he carries on chatting and saunters out of the store with the shirt still in his hand. Less than thirty seconds later he runs back into the store and returns the shirt to the table he got it from. Roger did not commit petit larceny - he did not intend to steal the shirt, and when he realized his mistake he returned the merchandise almost immediately.

First offense: what to expect

For a first-time offender charged with petty larceny in New York, the realistic outcomes are better than the statutory maximum suggests. Depending on the county, the value, and the record, the common landings are an adjournment in contemplation of dismissal (ACD) under CPL 170.55, which dismisses and seals the case after six months of staying out of trouble; a disorderly conduct violation, which is not a crime; or a plea to the misdemeanor with no jail. A conviction, by contrast, is permanent and shows up in background checks, licensing, and immigration screening - which is why the disposition label matters more than the sentence.

Two practical notes. A desk appearance ticket is not a minor thing to ignore; missing the date generates a warrant. And retail cases usually come with store video, a loss-prevention statement, and a value receipt - all three are worth examining before anyone pleads to anything.

Offenses that are Related

• Grand larceny in the fourth degree (over $1,000): New York Penal Code § 155.30
• Grand larceny in the third degree (over $3,000): New York Penal Code § 155.35
• Grand larceny in the second degree (over $50,000): New York Penal Code § 155.40
• Grand larceny in the first degree (over $1,000,000): New York Penal Code § 155.42

If you are facing this charge in New York, the consultation is free and the police report is worth reading before your first appearance.