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Criminal Defense

Theft & Larceny

Theft is the everyday word, but in New York the charge on the paperwork will usually say larceny. Understanding why tells you a lot about how the case will be measured.

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01 GUIDE

Theft & Larceny: what usually happens

Two words, one charge

Many states use theft as the formal name for taking property, while New York uses larceny and grades it into petit larceny and several degrees of grand larceny. The level usually depends on the value of the property, and certain types of property can raise the level regardless of value. Larceny in New York also covers more than taking from a store; embezzlement and obtaining property by deception can fall under the same law. That breadth is why a business dispute or a disagreement over a loan sometimes ends up charged as larceny. The key questions tend to be intent and whether the property was really someone else's to claim.

How value gets fought over

Because value often decides between petit and grand larceny, how it is calculated matters. The prosecution may rely on a retail price, an invoice, or an owner's estimate, while the fair market value of used items or a partial loss may be lower. Receipts, appraisals, bank records, and evidence of what was returned can all bear on the number. Where several smaller takings are combined into one charge, whether they truly belong together may be disputed. Collect documents on ownership and value and give them to your lawyer, rather than offering them to investigators yourself.

What we look at first

We review the charging document to see which form of larceny is alleged and what value is claimed. If the dispute is really civil, such as an unpaid loan, a contract disagreement, or a falling-out between business partners, that framing can matter to how the prosecutor views the case. We also consider whether there is a realistic path to a reduced charge or a non-criminal outcome, and what that would require of you. For noncitizens and people in licensed professions, theft and larceny convictions can carry consequences out of proportion to the amount involved, so we check those before discussing any resolution. Bring every paper you were given at arrest or arraignment.

02 ATTORNEYS

Who you would be working with

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

05 HOW WE WORK

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

Washington, D.C.

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(424) 561-7557

Attorney Advertising. This page is general information about theft & larceny 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.