Grand Larceny and Petit Larceny Attorney

Grand Larceny and Petit Larceny Defense Attorney in Suffolk County, New York

Being charged with grand larceny or petit larceny in Suffolk County can result in serious criminal penalties including jail or prison time, substantial fines, restitution payments, permanent criminal records, and consequences that affect your employment, professional licenses, and future opportunities. Larceny charges range from misdemeanor petit larceny for theft of property under $1,000 to first-degree grand larceny felonies involving property valued over one million dollars. Whether you’re accused of shoplifting, employee theft, credit card fraud, embezzlement, or any other form of larceny, you need an experienced attorney who understands New York’s larceny laws and knows how to build an effective defense. Attorney Michael Brown is Suffolk County’s most experienced grand larceny and petit larceny defense lawyer, with a proven track record of successfully defending clients against all types of larceny charges.

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Understanding Larceny Under New York Law

Larceny is defined under Article 155 of the New York Penal Law. New York Penal Law § 155.05 defines larceny as wrongfully taking, obtaining, or withholding property from an owner with the intent to deprive that owner of property or to appropriate the same to yourself or a third person.

Larceny encompasses various forms of theft including:

Shoplifting and retail theft
Employee theft and embezzlement
Theft by trick or deception (fraud)
Theft of services
Extortion (obtaining property by threats)
Theft from the person (pickpocketing)
Credit card and identity theft
Stealing property entrusted to you

The severity of larceny charges depends primarily on the value of the property taken, with specific dollar thresholds determining whether charges are misdemeanors or various degrees of felonies.

Petit Larceny

Petit Larceny, under New York Penal Law § 155.25, is a Class A misdemeanor. A person is guilty of petit larceny when they steal property and the value of the property does not exceed $1,000.

Petit larceny is the most common larceny charge and encompasses a wide range of theft scenarios including:

Shoplifting merchandise valued under $1,000
Stealing cash, wallets, or personal property under $1,000
Taking items from vehicles
Minor employee theft
Theft from individuals

Penalties for Petit Larceny

A conviction for petit larceny carries:

Jail Time: Up to one year in county jail
Probation: Up to three years of probation as an alternative to or in addition to jail
Fines: Up to $1,000 plus mandatory surcharges
Restitution: Full payment to victims for the value of stolen property
Criminal Record: Permanent misdemeanor conviction on your record
Employment Consequences: Criminal background checks reveal convictions, affecting job applications
Professional Licenses: Impact on professional licenses in fields requiring trust
Immigration Consequences: Potential deportation for non-citizens, as larceny constitutes a “crime involving moral turpitude” under immigration law

While petit larceny is “only” a misdemeanor, the consequences are significant. Theft convictions suggest dishonesty and untrustworthiness, making employers particularly reluctant to hire individuals with larceny convictions. Professional licenses in fields like accounting, finance, healthcare, education, and law can be jeopardized by even misdemeanor theft convictions.

Grand Larceny

Grand larceny charges are felonies that apply when stolen property exceeds $1,000 in value or involves specific types of property. Grand larceny is divided into four degrees based on the value of property taken and other factors.

Grand Larceny in the Fourth Degree

Grand Larceny in the Fourth Degree, under New York Penal Law § 155.30, is a Class E felony. A person is guilty of grand larceny in the fourth degree when they steal property and:

Value Exceeds $1,000: The property’s value exceeds $1,000, or
Public Record: The property consists of a public record, writing, or instrument kept or filed by a public office or servant, or
Secret Scientific Material: The property consists of secret scientific material, or
Credit or Debit Card: The property consists of a credit card or debit card, or
Taken from the Person: The property, regardless of its value, is taken from the person of another, or
Motor Vehicle: The property consists of a motor vehicle (except as provided in the unauthorized use statute), or
Religious Vestment: The property consists of a religious vestment exceeding $100 in value taken from a place of worship, or
Access Device: The property consists of an access device which the person intends to use unlawfully, or
Ammonia: The property consists of ammonia or anhydrous ammonia in a container and the actor intends to use it to manufacture methamphetamine, or
Extortion: The property is obtained by extortion committed by instilling fear in the victim that the actor or another will perform an act dangerous to the victim’s health, safety or immigration status, or cause physical damage to property, or engage in other conduct calculated to harm another materially

Penalties for Grand Larceny in the Fourth Degree:

Prison Time: Up to 4 years in state prison
Probation: Possible probation for first-time offenders
Fines: Up to $5,000 plus mandatory surcharges
Restitution: Full payment to victims for stolen property
Permanent Felony Record: A felony conviction affecting employment, housing, professional licenses, voting rights while incarcerated, and firearm possession rights
Immigration Consequences: High likelihood of deportation for non-citizens

Grand Larceny in the Third Degree

Grand Larceny in the Third Degree, under New York Penal Law § 155.35, is a Class D felony. A person is guilty of grand larceny in the third degree when they steal property and the value of the property exceeds $3,000.

This charge applies to thefts of property valued between $3,000 and $50,000.

Penalties for Grand Larceny in the Third Degree:

Prison Time: 2 to 7 years in state prison
Probation: Possible in limited circumstances for first-time offenders
Fines: Up to $5,000 plus surcharges
Restitution: Full payment of victim losses
Permanent Felony Record: Serious felony conviction with lasting consequences
Immigration Consequences: Very high likelihood of deportation for non-citizens

Grand Larceny in the Second Degree

Grand Larceny in the Second Degree, under New York Penal Law § 155.40, is a Class C felony. A person is guilty of grand larceny in the second degree when they steal property and:

Value Exceeds $50,000: The value of the property exceeds $50,000, or
Extortion by Instilling Fear: The property, regardless of its nature and value, is obtained by extortion committed by instilling fear that the actor or another person will (a) cause physical injury to some person in the future, (b) cause damage to property, (c) use or abuse their position as a public servant by engaging in conduct within or related to official duties or by failing or refusing to perform an official duty, or (d) perform any other act calculated to harm another person materially

This charge typically applies to thefts of property valued between $50,000 and $1,000,000, or to serious extortion cases.

Penalties for Grand Larceny in the Second Degree:

Prison Time: 3.5 to 15 years in state prison
Mandatory Sentencing: Limited probation eligibility
Fines: Up to $5,000 plus substantial surcharges
Restitution: Full payment of all losses
Permanent Serious Felony Record: Class C felony with devastating consequences
Immigration Consequences: Nearly certain deportation for non-citizens

Grand Larceny in the First Degree

Grand Larceny in the First Degree, under New York Penal Law § 155.42, is a Class B felony—the most serious larceny charge in New York. A person is guilty of grand larceny in the first degree when they steal property and the value of the property exceeds $1,000,000.

This charge applies to large-scale thefts, major embezzlement schemes, and fraud involving property valued over one million dollars.

Penalties for Grand Larceny in the First Degree:

Prison Time: 5 to 25 years in state prison
Mandatory Prison Sentence: Significant mandatory minimum prison time
Massive Fines: Up to $5,000 plus extensive surcharges
Restitution: Full payment of losses, potentially millions of dollars
Permanent Serious Felony Record: Class B felony conviction permanently destroying career and life opportunities
Immigration Consequences: Certain deportation for non-citizens

Determining Property Value

The degree of larceny charges depends entirely on property value, making valuation critical. New York Penal Law § 155.20 provides rules for determining property value:

Market Value: Value is generally the market value at the time and place of the crime
Replacement Cost: If market value cannot be determined, replacement cost may be used
Aggregation: Values of property taken in separate acts committed within a six-month period pursuant to a single intent and plan may be aggregated
Written Instruments: The value of certain written instruments is the amount due or collectible

Value disputes are common in larceny cases, and even small differences can mean the difference between misdemeanor and felony charges or between lower and higher degree felonies.

Long-Term Consequences of Larceny Convictions

Employment Devastation

Larceny convictions create severe employment barriers:

Employers conducting background checks routinely disqualify applicants with theft convictions
Positions involving money, inventory, or trust are permanently unavailable
Financial services, retail, banking, and accounting industries essentially exclude theft offenders
Career advancement in current positions is blocked
Security clearances become impossible to obtain
Government employment is difficult or impossible

Larceny convictions are particularly damaging because they suggest dishonesty—a characteristic that makes employers unwilling to hire or retain employees.

Professional Licensing Consequences

Larceny convictions affect numerous professional licenses:

Accounting and Finance: CPAs, financial advisors, and accountants lose licenses
Legal Profession: Attorneys face disbarment or suspension
Real Estate: Real estate agents and brokers lose licenses
Healthcare: Medical professionals may face license suspension or revocation
Education: Teachers and administrators face license consequences
Insurance: Insurance agents and brokers lose licenses

Licensing boards view larceny convictions as demonstrating moral unfitness for licensed professions.

Immigration Consequences

For non-citizens, larceny convictions have serious immigration consequences:

Larceny crimes are classified as “crimes involving moral turpitude” under immigration law
Crimes involving moral turpitude can trigger deportation proceedings
A single conviction with potential sentence exceeding one year can cause deportability
Theft offenses involving loss amounts exceeding $10,000 constitute “aggravated felonies” triggering mandatory deportation
Pending naturalization applications are denied
Legal permanent residents may lose status
Re-entry to the United States becomes difficult or impossible

Housing Difficulties

Larceny convictions create housing obstacles:

Private landlords routinely deny rental applications from individuals with theft convictions
Public housing authorities may exclude applicants with criminal records
Many apartment complexes have policies against renting to theft offenders
Background checks reveal convictions to potential landlords

Financial Consequences

Beyond criminal penalties, larceny convictions cause:

Restitution payments to victims that can amount to thousands or even millions
Civil lawsuits from victims seeking additional damages
Difficulty obtaining loans, credit cards, or mortgages
Garnishment of wages for restitution payments
Collection actions and judgments

Social and Reputational Consequences

Larceny convictions carry social stigma:

Damaged reputation in communities and professional circles
Strained family relationships
Social isolation and judgment
Difficulty forming new personal and professional relationships
Permanent digital records easily discovered through background checks

Common Defenses to Grand Larceny and Petit Larceny Charges

As Suffolk County’s most experienced grand larceny and petit larceny defense attorney, Michael Brown employs comprehensive defense strategies:

Lack of Intent to Steal

Larceny requires specific intent to permanently deprive the owner of property. Attorney Brown demonstrates:

You intended to borrow the property temporarily
You believed the property was yours or you had a right to it
You intended to pay for the property
The taking was accidental or mistaken
You lacked the specific intent required for larceny

Intent is a critical element, and without proof of criminal intent, larceny charges must be dismissed.

Claim of Right

If you took property believing in good faith that you had a legal right to it, this is a complete defense. Attorney Brown establishes:

You believed the property was yours
You had a legitimate claim to the property
The taking was based on good faith belief in your right to the property
Disputes over property ownership negate criminal intent

This defense often arises in disputes between business partners, family members, co-owners, or parties to contracts.

Mistaken Identity

Larceny cases often involve identification issues, particularly shoplifting cases. Attorney Brown challenges:

Whether you were actually the person who committed the theft
Reliability of witness identifications
Quality of surveillance footage
Lack of physical evidence linking you to the theft
Alibi evidence placing you elsewhere

Lack of Knowledge

For certain larceny charges, prosecutors must prove you knew property was stolen or that you were taking property wrongfully. Attorney Brown demonstrates:

You had no knowledge the property belonged to someone else
You purchased property from seemingly legitimate sources
Circumstances didn’t suggest the property was stolen
You acted in good faith

False Accusations

Sometimes larceny allegations are fabricated or exaggerated:

Employers falsely accuse employees to cover losses
Business partners make false accusations
Individuals make false reports for insurance purposes
Misunderstandings are characterized as theft

Attorney Brown investigates false accusation scenarios and presents evidence of accusers’ motives to lie.

Insufficient Evidence

Attorney Brown demonstrates:

Prosecution evidence is insufficient to prove guilt beyond reasonable doubt
Circumstantial evidence doesn’t support conviction
Witnesses lack credibility
Physical evidence doesn’t prove you committed the theft

Consent and Authorization

If you had permission to take the property, this negates the wrongful taking element. Attorney Brown establishes:

The owner consented to you taking the property
You had authorization to possess or use the property
Misunderstandings about permission negate criminal liability

Value Disputes

The degree of larceny charges depends on property value. Attorney Brown challenges:

Prosecution’s valuation of stolen property
Whether property was worth what prosecutors claim
Whether proper valuation methods were used
Whether values were inflated

Successfully challenging property values can result in charges being reduced from higher to lower degrees or from felony to misdemeanor.

Constitutional Challenges

Attorney Brown examines whether:

Searches were conducted lawfully
Evidence was obtained constitutionally
Statements were obtained in violation of Miranda rights
Constitutional rights were violated at any stage

Civil Compromise

In some cases, Attorney Brown negotiates:

Restitution to victims in exchange for dropped charges
Civil settlements resolving both criminal and civil claims
Agreements where victims decline to prosecute

Negotiating Reduced Charges

Attorney Brown’s experience often results in:

Reduction from grand larceny to petit larceny
Reduction from higher to lower degrees of grand larceny
Reduction to non-theft offenses
Adjournment in contemplation of dismissal (ACD), resulting in eventual dismissal
Plea agreements avoiding jail or prison time
Conditional discharge or probation instead of incarceration
Agreements minimizing immigration consequences

Five Reasons Attorney Michael Brown Is Your Best Choice

Unmatched Experience in Larceny Defense: As Suffolk County’s most experienced grand larceny and petit larceny defense attorney, Michael Brown has successfully defended hundreds of clients against larceny charges ranging from shoplifting to multi-million dollar embezzlement and fraud schemes. His extensive knowledge of Article 155 and decades of experience with every type of larceny case provide clients with sophisticated defense strategies based on proven success.
Expertise in Property Valuation Disputes: The degree of larceny charges depends entirely on property value, making valuation disputes critical. Attorney Brown has extensive experience challenging prosecution valuations, presenting evidence of lower property values, retaining expert appraisers when necessary, and achieving charge reductions by demonstrating property was worth less than alleged. His expertise in value disputes has resulted in countless reductions from felony to misdemeanor charges and from higher to lower degree felonies.
Strategic Understanding of Intent Requirements: Larceny requires specific intent to permanently deprive owners of property—a sophisticated mens rea element that creates significant defense opportunities. Attorney Brown has deep expertise in presenting intent defenses, demonstrating lack of criminal intent, establishing claim of right defenses, proving good faith beliefs, and showing that defendants intended to return or pay for property. His understanding of intent requirements has resulted in numerous dismissals and acquittals.
Comprehensive Approach to Immigration Consequences: Larceny convictions constitute “crimes involving moral turpitude” that trigger deportation for non-citizens, and theft offenses with losses exceeding $10,000 constitute “aggravated felonies” resulting in mandatory removal. Attorney Brown structures defenses specifically to avoid or minimize immigration consequences, negotiates resolutions that may avoid deportation triggers, coordinates with immigration attorneys, and understands which plea agreements protect immigration status while others result in certain deportation.
Protection of Professional Licenses and Careers: Larceny convictions often result in automatic professional license revocation or denial in fields involving trust, money, or fiduciary responsibilities. Attorney Brown understands collateral consequences for professional licenses, structures defenses to minimize career damage, negotiates resolutions that may allow license retention, coordinates criminal defense with professional licensing proceedings, and fights to protect clients’ ability to continue their careers and maintain their professional standing.

What to Do If You’re Charged with Larceny

Immediately Exercise Your Right to Remain Silent: Do not answer questions from police, store security, loss prevention personnel, or employers. State: “I want to speak with my attorney and I am exercising my right to remain silent.”

Do Not Sign Anything: Do not sign statements, confessions, civil demand forms, or any documents without consulting an attorney.

Request an Attorney Immediately: Clearly invoke your right to counsel.

Preserve Evidence: If you have receipts, proof of purchase, or evidence supporting your innocence, preserve it and provide it only to your attorney.

Do Not Return to the Scene: If accused of shoplifting, do not return to the store or attempt to explain or apologize.

Do Not Pay Civil Demands Without Legal Advice: Retailers often send civil demand letters. Do not pay without consulting Attorney Michael Brown, as payment can be used as evidence of guilt.

Contact Attorney Michael Brown Immediately: Larceny cases move quickly and carry serious consequences. Early legal intervention can make the difference between conviction and dismissal. Attorney Brown needs to begin immediately preserving evidence, investigating circumstances, and developing your defense strategy.

Your Future and Reputation Are at Stake

Larceny convictions carry unique stigma because they suggest dishonesty and untrustworthiness—characteristics that affect every aspect of your life. But larceny charges are defensible. Many cases are based on misunderstandings, lack of intent, false accusations, or insufficient evidence. Property value disputes can reduce charge severity. Authorization and consent defenses can defeat charges entirely.

You need Suffolk County’s most experienced grand larceny and petit larceny defense lawyer—someone who has successfully defended hundreds of larceny cases, who understands intent requirements and valuation disputes, who can negotiate favorable charge reductions, and who will fight tirelessly to protect your freedom, your reputation, your career, and your future.

Contact Attorney Michael Brown today for a confidential consultation about your larceny case. Don’t let larceny charges destroy your reputation and career. Let Suffolk County’s most experienced larceny defense attorney put his expertise and experience to work protecting you and fighting for the best possible outcome in your case.