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Criminal Defense

Felony Theft

Felony theft cases are often arguments about numbers: what an item was really worth, whether several takings should be added together, and how much of an account balance was actually taken.

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01 GUIDE

Felony Theft: what usually happens

What turns theft into a felony

Most states set value thresholds that move a theft from a misdemeanor into felony territory, and the degrees rise with the amount. In New York, the felony form is grand larceny. Certain property can make a theft grand larceny regardless of value, such as a credit or debit card or a firearm, and so can taking property directly from another person. Federal law has its own theft offenses, for example involving federal funds or programs, and those follow different rules. The charging document tells you which statute and which theory the prosecution is relying on.

How value gets argued

Value is usually measured as market value at the time and place of the taking, which is not always the price on a tag or the cost of a replacement. Used goods, discounted inventory, and items with no clear market are frequent points of dispute. When several smaller takings are alleged, whether they can be combined into one larger total depends on the facts and the law, and in some circumstances New York allows it. In employee and business cases, the questions often involve authorization: expense practices, informal arrangements, and whether money was taken or simply handled under an understanding that was never written down.

Gathering and first steps

Collect what you are entitled to keep: pay records, your own emails and texts, receipts, and anything showing permission or a business arrangement. Ask your lawyer before copying any employer files. Offering repayment directly, before speaking with counsel, can be read as an admission, and it does not by itself end a felony theft case, although restitution can matter later in the process. We review the alleged value and how it was calculated, look at whether a civil claim or an insurance claim is running alongside, and raise immigration and licensing questions before any decision about resolution. If an employer has already conducted an internal review, we ask what you were told and what you signed.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

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06 OFFICES

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Attorney Advertising. This page is general information about felony theft and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.