New York Theft Lawyer

Theft charges in New York can be complex, with penalties that vary based on the value of the property and the circumstances of the case. Even a misdemeanor can show on a person’s criminal record, and felony charges may carry costly fines and prison time. Prosecutors often rely on witness statements and surveillance footage to build their case. Which is why having the right defense can make all the difference.

As a former prosecutor, New York City theft attorney Mehdi Essmidi knows how the prosecution goes about these cases, and he uses those insights to build strong defenses for his clients. Contact the law offices of Mehdi Essmidi today for a free consultation.

Theft-Related Charges in NY

New York law classifies theft offenses as larceny. The severity of the charge depends on factors like the value of the stolen property and how it was taken. Here are common charges we handle at the Law Offices of Mehdi Essmidi:

Larceny

Under New York Penal Law § 155.05, larceny happens when a person unlawfully takes, obtains, or withholds another person’s property with the intent to permanently deprive them of it.

Larceny includes unlawfully taking property without permission, using deception to gain ownership of property, or misappropriating property that was meant to be temporarily possessed—if there was intent to permanently keep it.

Identity Theft

Identity theft happens when someone illegally uses another person’s personal details—like their name, Social Security number, or bank information—without permission. This crime often goes hand in hand with fraud and theft, as stolen identities are used to make purchases, open accounts, or commit other offenses.

Under Penal Law §§ 190.77–190.84, a person can face charges if they knowingly misuse someone’s information to deceive others, gain financial benefits, or avoid legal consequences.

Robbery

In New York, robbery refers to taking someone else’s property by force or intimidation. Unlike larceny, where something is stolen without confrontation, robbery involves making the victim feel threatened—whether through physical force, verbal threats, or even implied danger.

Under Penal Law §§ 160.00–160.15, a robbery charge depends on whether a weapon was involved, if the victim was hurt, or if more than one person took part in the crime.

Burglary

Burglary differs from other theft-based crimes in that it involves unlawfully entering or remaining in a structure (such as a home or business) with the intent to commit a crime inside—even if no property is actually stolen.

Because burglary often involves both unauthorized entry and a planned criminal act, the penalties can be more severe than those for ordinary theft.

Theft of Services

Theft of services happens when someone deliberately uses services without paying, such as skipping out on a restaurant bill, evading train fares, or tampering with utility meters. Unlike larceny, which involves stealing physical items, this offense applies to unpaid services from businesses, utility providers, and even government agencies.

Under Penal Law § 165.15, a charge depends on the value of the unpaid services and whether the person has prior offenses. In some cases, theft of services can lead to misdemeanor or felony charges.

Trick- or Fraud-Based Theft

Under Penal Law § 155.05, larceny by trick occurs when someone obtains property through deliberate deception or false pretenses. This can mean misrepresenting facts to convince someone to hand over money or valuables, using fabricated documents to obtain goods, or making promises with no intention of following through.

Prosecutors build these cases by showing the accused knowingly made false statements to get property. The distinction between a broken promise and criminal fraud comes down to whether the intent to deceive existed when the property changed hands.

Embezzlement

New York does not have a separate embezzlement statute. Instead, embezzlement falls under the broader larceny law (Penal Law § 155.05), which covers situations where a person misappropriates property that was lawfully entrusted to them.

Employees diverting company funds, financial advisors misusing client assets, and business partners redirecting shared resources for personal use. The charge depends on the value of the misappropriated property, following the same thresholds as other theft offenses.

Extortion

Under Penal Law § 155.30(6), any larceny committed through extortion is charged as grand larceny in the fourth degree at a minimum, regardless of the property’s value, making it a Class E felony carrying up to four years in prison. When the extortion involves threats of physical harm, property damage, or abuse of a public position, the charge can escalate to grand larceny in the second degree under § 155.40, a Class C felony with up to 15 years in prison.

Acquiring Lost Property

Under Penal Law § 155.05, a person commits larceny when they find lost property and keep it despite having a reasonable way to return it to the owner. The law does not require active stealing. Failing to make an effort to locate the rightful owner is enough.

If identification or contact information accompanies the property, holding onto it without attempting to reach the owner can result in theft charges. Penalties follow the same value-based thresholds as other larceny offenses.

Penalties for Criminal Possession of Stolen Property Convictions

Possessing stolen property in New York can still result in criminal charges, even if you weren’t the one who originally took it. Under Penal Law § 165.40–165.54, it’s illegal to keep stolen property for personal gain knowingly or to stop it from being returned to its rightful owner. The severity of the charge depends on the value of the property and whether it involves credit cards, firearms, or large sums of money.

Like larceny, CPSP is classified by degrees, depending on the value of the stolen property and specific aggravating factors:

• Fifth Degree (§ 165.40) – Possessing stolen property of any value (Class A misdemeanor, up to one year in jail).
• Fourth Degree (§ 165.45) – Property worth more than $1,000 or involving credit cards, firearms, vehicles, or religious items (Class E felony).
• Third Degree (§ 165.50) – Property worth more than $3,000 (Class D felony).
• Second Degree (§ 165.52) – Property worth more than $50,000 (Class C felony).
• First Degree (§ 165.54) – Property worth more than $1 million (Class B felony).

Defenses Against Theft Charges in New York

There are several defenses that may be used against theft charges, depending on the circumstances of the case. A strong defense strategy can mean the difference between a conviction and a reduced or dismissed charge. Here are some defenses that may work in your case:

Alibi or Mistaken Identity

If you were falsely accused of theft, proving that you were somewhere else at the time of the crime—or that you were mistaken for someone else—can be a strong defense.

Mistaken identity is particularly relevant in cases where witnesses provide conflicting descriptions, security footage is inconclusive, or stolen property is found in an easily accessible area.

Consent

If you took the property with the owner’s permission, it is not considered theft under New York Penal Law. This defense is especially relevant in situations involving personal disputes or misunderstandings over ownership.

Lack of Intent

For a theft conviction, prosecutors must prove that you intended to take property without returning it. If you had permission to borrow the item or genuinely believed you had the right to use it, you may have a valid defense. However, this defense depends on the circumstances, and mere claims of intent to return the property may not always be enough.

Duress

If you were forced or coerced into committing theft under the threat of harm, duress may be a valid defense.

Contact Us for a Free Consultation

A theft conviction may impact employment, housing, and immigration status, not to mention fines and incarceration. An experienced New York theft lawyer may challenge the prosecution’s case, negotiate for reduced charges, or even seek a dismissal when evidence is weak.

If you’re facing theft charges in New York, it’s important to act quickly. The sooner you have a defense strategy, the better your chances of a favorable outcome.

Our experienced New York theft lawyer, Mehdi Essmidi, builds strong defenses against theft charges. We know that theft charges can be complex and stressful, which is why we will fight for your rights and the best possible outcome in your case. Contact us today for a free consultation.

Frequently Asked Questions

What are the penalties for theft charges under New York Penal Law?

The penalties for theft charges in New York depend on the cost of the property stolen and the specific theft offense. Petit larceny, which applies to stolen property valued under $1,000, is a class A misdemeanor punishable by up to one year in jail. More serious offenses, such as grand larceny, are classified as felonies, with penalties ranging from a class E felony (up to four years in prison) to a class B felony, which carries longer jail time and a potential state prison sentence.

Is criminal possession of stolen property the same as theft?

No, criminal possession of stolen property is a separate offense under New York Penal Law. While theft involves unlawfully taking property, possession of stolen property charges apply when someone knowingly possesses allegedly stolen property with the intent to benefit from it or prevent its return to the rightful owner. Depending on the value of the stolen property, the charge can range from a Class A misdemeanor to a Class B felony.

Can I go to jail for shoplifting in New York?

Yes, shoplifting falls under Petit larceny or grand larceny, depending on the value of the stolen items, and can result in a jail sentence. Petit larceny is a Class A misdemeanor. Shoplifting higher-value items can lead to grand larceny charges—a Class E felony for property worth more than $1,000, with higher felony classes as the value increases, carrying longer prison terms. If you are charged, consulting a New York shoplifting attorney is highly recommended.

What happens if I receive a desk appearance ticket for a theft offense?

A desk appearance ticket (DAT) means you are being charged with a crime, but were not immediately taken into custody. You will be required to appear in court and go through the legal process.

Can theft charges be dismissed in New York?

Yes, theft charges can be dismissed if there is insufficient evidence, violations of New York law, or a strong defense. Common defenses include lack of intent, consent from the property owner, procedural errors, unlawful searches, insufficient evidence, and mistaken identity. An experienced New York City theft attorney can help determine the best legal strategy for your case.

Does your law firm handle all types of theft crimes?

Our New York criminal lawyers handle a wide range of theft offenses, including grand larceny, possession of stolen property, shoplifting, and theft of services.