When facing criminal charges, understanding the precise legal definitions of the offenses in question is crucial. In New York, larceny, theft, and burglary may seem similar, but they are distinct crimes with different legal consequences. While all three involve taking or attempting to take property, they differ in how the crime is committed and the severity of the penalties involved.
Anyone accused of these crimes should be aware of what each charge entails, how New York law categorizes them, and the potential consequences of a conviction. Whether you have been charged with petit larceny, grand larceny, or burglary, knowing your rights and possible defense strategies is essential for protecting your future.
What Is Larceny in New York?
In New York, the legal term for theft-related offenses is larceny. Under New York Penal Law § 155.05, larceny is defined as the wrongful taking of someone else's property with the intent to permanently deprive them of it. This definition covers a wide range of offenses, including shoplifting, embezzlement, and fraud.
Larceny charges in New York are divided into two main categories based on the value of the stolen property:
- Petit Larceny (Class A Misdemeanor) – Theft of property valued at less than $1,000. This is punishable by up to one year in jail, probation, and fines.
- Grand Larceny (Felony) – Theft of property valued at $1,000 or more. There are different degrees of grand larceny, each carrying increasingly severe penalties:
- Grand Larceny in the Fourth Degree (Class E Felony) – Theft of property valued between $1,000 and $3,000. A conviction can lead to up to four years in prison.
- Grand Larceny in the Third Degree (Class D Felony) – Theft of property valued between $3,000 and $50,000. The penalties include up to seven years in prison.
- Grand Larceny in the Second Degree (Class C Felony) – Theft of property valued between $50,000 and $1,000,000, or theft involving extortion. A conviction carries up to 15 years in prison.
- Grand Larceny in the First Degree (Class B Felony) – Theft of property valued over $1,000,000. This is the most serious form of larceny, with penalties of up to 25 years in prison.
In addition to prison time, a larceny conviction can result in steep fines, restitution to the victim, and long-term consequences such as a criminal record that affects employment and housing opportunities.
Is There a Difference Between Larceny and Theft?
Many people use "theft" and "larceny" interchangeably, but in New York, larceny is the official legal term used in the state’s statutes. Theft is a more general term used in everyday language, but both refer to the unlawful taking of another person’s property. Understanding this distinction can be helpful when reviewing legal documents or speaking with an attorney about your case.
Burglary vs. Larceny: How Do They Differ?
Unlike larceny, which focuses on the unlawful taking of property, burglary is a separate offense that involves illegally entering a building or property with the intent to commit a crime inside. A person can be charged with burglary even if they do not steal anything—if they intended to commit another crime, such as assault or vandalism, they could still face burglary charges.
New York law recognizes three degrees of burglary, each carrying serious penalties:
- Burglary in the Third Degree (Class D Felony) – This occurs when someone unlawfully enters or remains in a building with the intent to commit a crime. A conviction can lead to up to seven years in prison.
- Burglary in the Second Degree (Class C Felony) – This charge applies if the crime involves a dwelling (a place where people live) or if the accused is armed, injures someone, or is aided by another participant. A conviction can result in up to 15 years in prison.
- Burglary in the First Degree (Class B Felony) – The most serious form of burglary, this involves unlawfully entering a dwelling while armed, causing injury, or displaying a deadly weapon. A conviction carries a sentence of up to 25 years in prison.
Because burglary involves unlawful entry, it is generally considered a more serious crime than larceny. If someone is accused of both burglary and larceny in the same case—such as breaking into a home and stealing valuables—they could face multiple felony charges, significantly increasing their potential penalties.
Common Defenses Against Larceny and Burglary Charges
Being accused of larceny or burglary does not mean an automatic conviction. There are several potential defenses that can be used to challenge these charges, including:
- Lack of Intent – In order to be convicted of larceny, prosecutors must prove that the accused intended to permanently deprive the owner of their property. If there was no intent to steal, the charges may not hold up in court.
- Claim of Right – If the defendant believed in good faith that the property belonged to them or that they had permission to take it, this could be a valid defense.
- False Accusations – In some cases, larceny or burglary charges result from mistaken identity or false accusations. Eyewitness testimony and surveillance footage can sometimes prove that the accused was not involved.
- Unlawful Search and Seizure – If law enforcement obtained evidence through an illegal search, the evidence might be inadmissible in court, potentially weakening the prosecution’s case.
Each case is unique, and an experienced attorney can help determine the best legal strategy based on the specific circumstances.
How a Criminal Conviction Can Impact Your Future
Beyond the immediate legal consequences, a larceny or burglary conviction can have lasting effects. A criminal record can make it difficult to find a job, secure housing, or qualify for professional licenses. Some employers and landlords conduct background checks, and a felony conviction could disqualify someone from opportunities they would otherwise be eligible for.
Additionally, those convicted of felony larceny or burglary may face challenges in obtaining loans, applying for college, or even exercising certain civil rights, such as voting or owning a firearm. These long-term consequences make it all the more important to fight criminal charges aggressively with the help of a skilled defense attorney.
Facing Larceny or Burglary Charges in New York? Call Uriel Criminal Defense Today
If you have been charged with larceny, theft, or burglary in New York, you need a strong legal defense. The penalties for these crimes can be severe, with potential consequences that extend far beyond jail time. Our New York larceny defense attorneys are committed to protecting your rights and fighting for the best possible outcome in your case.
Do not leave your future to chance. Contact us today for a consultation and let us help you build a strong defense.
