New York Theft / Larceny Penalties (2026)

Theft, larceny, and shoplifting charges charges in New York: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing theft / larceny charges in New York, consult a licensed New York criminal defense attorney.

New York Theft / Larceny Penalties

ClassificationDetails
Misdemeanor ThresholdUnder $1,000
Felony Threshold$1,000+ or more
Minimum SentenceUp to 1 year
Maximum SentenceUp to 25 years (Class B felony)

New York petit larceny under $1,000; grand larceny for more

Theft / Larceny Statute of Limitations in New York

In New York, the statute of limitations for theft and property crimes is generally 5 years.

See all New York statutes of limitations →

Defending Against Theft / Larceny Charges in New York

Common defenses in New York theft / larceny cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a New York criminal defense attorney for advice.

Related New York Laws

DUI / DWI Marijuana Possession Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication