Larceny

Types of Grand Larceny

Under the New York law there are several different types of larceny crimes. A larceny charge could be petit larceny or grand larceny. A grand larceny charge may be grand larceny in the fourth degree, grand larceny in the third degree, grand larceny in the second degree, and grand larceny in the first degree. For each of the larceny charges, the property value must be:

  • Petit larceny: $1,000 or less
  • Grand larceny in the fourth degree: Greater than $1,000, but not more than $3,000.
  • Grand larceny in the third degree: Greater than $3,000, but not more than $50,000.
  • Grand larceny in the second degree: Greater than $50,000, but not more than $1,000,000
  • Grand larceny in the first degree: Greater than $1,000,000

If the property taken is a vehicle, than the rules is different. If the vehicle has a value that is more than $100, then the charge will be grand larceny in the fourth degree. N.Y. Pen. Law § 155.30(8). If the value is $100 or less, then the charge will be petit larceny, misdemeanor. Most cars, at least most cars that people want to steal, have a value that is significantly more than $100. Thus, if you are accused of stealing a car, at a minimum the charge will be grand larceny in the fourth degree. The higher the value of the car, the more serious the grand larceny charge.

For purposes of the grand larceny statute, a vehicle must be motorized. In other words, the vehicle cannot be bike. Other vehicles that are excluded from the definition of vehicle include motorcycles, electric wheelchairs, snowmobiles, ATVs, fire or police vehicles, farm tractors and certain other farm equipment. N.Y. Pen. Law § 155.30(8); N.Y. VTL § 125

Petit larceny. If you take a vehicle that is worth $100 or less, you would be charged with petit larceny, a misdemeanor. Your sentence could be up to 1 year in jail, 3 years’ probation, or a combination of jail and probation. It is likely that you will also be ordered to pay restitution.

Grand larceny in the fourth degree. If you are convicted of grand larceny in the fourth degree based on stealing a car or other vehicle, you could be sentenced to up to 4 years in prison, 5 years of probation, restitution or a combination of these 3 penalties. For first time offenders there is not a required minimum sentence. However, if you have a prior felony conviction, the minimum sentence for grand larceny in the fourth degree is 1.5 years in prison.

Grand larceny in the third degree. If you are convicted of grand larceny in the third degree based on taking a vehicle car that has a value of more than $3,000 you could be sentenced to up to 7 years in prison, 5 years probation, restitution or a combination of the three. For first time offenders there is no minimum sentence. However, if you have a prior felony conviction, the minimum sentence for third degree grand larceny is 2-4 years in prison.