For anyone facing theft charges in New York, it is important to understand when an offense crosses the line from a misdemeanor to a felony. Theft can result in a wide range of potential penalties depending on the circumstances of the crime. If you’re wondering about the factors that may elevate a standard larceny charge to a more severe grand larceny felony, continue reading for more information. Consult with a knowledgeable Ramapo criminal defense attorney for assistance in navigating the legal process and protecting your rights.

When is Theft Considered a Felony in NY?

Lower-level theft is charged as petit larceny (misdemeanor) while more serious theft offenses are charged as grand larceny, which is always considered a felony. New York law classifies theft offenses primarily based on the value of the property stolen. However, the type of property and how the theft occurred can also influence the severity of your charges.

The felony theft value threshold in New York is $1,000, meaning that if you steal property valued at $1,000 or more, you can be charged with a felony offense. Consider the following.

  • Over $1,000: Grand larceny in the fourth degree (Class E felony)
  • Over $3,000: Grand larceny in the third degree (Class D felony)
  • Over $50,000: Grand larceny in the second degree (Class C felony)
  • Over $1,000,000: Grand larceny in the first degree (Class B felony)

Can I Be Charged With a Felony if the Value is Less Than $1,000?

Yes, even if the value of the property stolen is less than $1,000, you can still face felony charges depending on other factors. Certain types of property or actions that are committed during the offense can warrant more severe charges. Below are a few examples of situations where you could be charged with a felony regardless of the value of the property stolen.

  • The property was a credit or debit card
  • The property was a firearm
  • The property was a motor vehicle
  • The property was taken from an ATM
  • The property was taken from the person of another
  • The property is obtained by extortion

Even if the monetary value of the property stolen in these instances is lower than $1,000, these offenses can still be treated as felonies because they involve public safety risks, abuse of financial systems, or coercion.

What Are the Penalties for Felony Theft in NY?

The penalties for felony theft, or grand larceny, in New York are severe but depend on the degree of the charge. Potential consequences include significant prison time and substantial fines, among other things, like victim restitution. Consider the following sentencing guidelines.

  • Class E felony: Probation or up to 4 years in prison
  • Class D felony: Probation or up to 7 years in prison
  • Class C felony: Up to 15 years in prison
  • Class B felony: Up to 25 years in prison

A felony theft conviction carries long-term consequences. Reach out to a skilled attorney for more information and legal representation today.