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.

New York Theft Crime Laws

New York law classifies theft offenses under the broader category of larceny. The severity of the charge depends on factors like the value of the stolen property and how it was taken.

Beyond fines and incarceration, a theft conviction may impact employment, housing, and immigration status. 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 protecting your future.

New York Larceny Laws

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

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.

The law focuses on intent — the person taking the property must knowingly plan to keep it from its owner. Here are common charges we handle at the Law Offices of Mehdi Essmidi:

• Trick or Fraud-Based Theft – Gaining possession of property through deception, false pretenses, or fraud.
• Embezzlement – Taking property that was entrusted to someone, such as an employee misusing company funds.
• Extortion – Obtaining property through threats, including threats of physical harm and damage to property.
• Acquiring Lost Property – Keeping property that was lost or mistakenly delivered when there is a clear way to return it to its owner.

Petit Larceny vs. Grand Larceny

The severity of a larceny charge depends on the value and type of property involved:

• Petit Larceny (§ 155.25) – A Class A misdemeanor. It applies when the value of the stolen property is less than $1,000 and carries up to one year in jail and fines.
• Grand Larceny (§§ 155.30–155.42) is a felony charge applied when the stolen property is valued at more than $1,000 or when certain aggravating factors are present. Under New York law, grand larceny includes theft of credit cards, firearms, or property taken directly from a person, regardless of value. The severity of the charge increases based on the value of the stolen property and circumstances, ranging from Grand Larceny in the Fourth Degree (§ 155.30) to Grand Larceny in the First Degree (§ 155.42).

Criminal Possession of Stolen Property in New York

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.

Degrees of Criminal Possession of Stolen Property:

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).

Identity Theft

In New York, 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.

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, public transportation, 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.

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

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 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 C felony with serious jail time.

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. A first-time offense of Petit larceny is a class A misdemeanor. However, repeat offenses or higher-value thefts can lead to class D felony or class C felony charges, which carry 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 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.