Have you recently been charged with theft? Theft crimes can have serious consequences, but not all theft charges are treated equally under the law.
In New York, the distinction between a misdemeanor and a felony theft charge hinges on several key factors. These factors include the value of the stolen property, the circumstances of the theft, and the defendant’s criminal history.
If you’ve been charged with a theft crime, it’s essential to seek help from our criminal defense attorney at the Law Office of Michael D. Litman, PLLC in Westchester County, New York. We can help you understand these distinctions, as it’s critical for anyone facing theft allegations. Let’s break down what determines whether a theft crime is charged as a felony or misdemeanor.
Before getting into the nuances of felony and misdemeanor charges, it’s important to understand what constitutes theft under New York law. Theft, also referred to as larceny, involves taking someone else’s property without their consent and with the intent to permanently deprive them of it. Some common examples of theft include:
Shoplifting merchandise from a store
Stealing someone’s wallet, phone, or personal belongings
Taking money or goods through fraud or deception
Embezzling funds from an employer
Stealing items from a car or home
While all thefts share the same basic definition, the way the crime is charged depends on various legal factors. Each case is unique, and the circumstances surrounding the alleged theft can significantly impact the severity of the charges.
The distinction between misdemeanor and felony theft largely depends on the following:
One of the primary factors that determines the severity of a theft charge is the value of the property taken. In New York:
Petit larceny (a misdemeanor): Applies when the value of the stolen property is $1,000 or less.
Grand larceny (a felony): Applies when the value of the stolen property exceeds $1,000.
There are specific levels of grand larceny based on the value of the property:
Fourth-degree grand larceny: $1,001 to $3,000
Third-degree grand larceny: $3,001 to $50,000
Second-degree grand larceny: $50,001 to $1,000,000
First-degree grand larceny: Over $1,000,000
The higher the value of the stolen property, the more serious the charge and the harsher the potential penalties. Courts and prosecutors take the monetary value seriously because it reflects the impact of the theft on the victim.
Certain types of property can elevate a theft charge to a felony, even if the value is relatively low. For example:
Stealing a firearm is always a felony under New York law.
Theft involving credit or debit cards may also result in felony charges, depending on the circumstances.
Stealing a motor vehicle worth more than $100 is typically classified as felony grand larceny.
Additionally, theft of certain items, such as public records or secret scientific material, can lead to enhanced charges regardless of the item’s monetary value.
How the theft was carried out can also impact the charge. For example:
If physical force, threats, or a weapon were used during the theft, it could lead to a robbery charge, which is a felony.
Theft involving burglary (entering a building unlawfully to commit a crime) is generally charged as a felony.
Organized theft schemes, such as shoplifting rings, may result in higher charges or additional penalties.
The level of planning or sophistication involved in the crime can also influence the charges. For instance, theft involving fraudulent schemes or identity theft often carries felony-level penalties.
A defendant’s prior criminal record plays a significant role in determining whether a theft crime is charged as a misdemeanor or felony. Repeat offenders or those with a history of theft-related convictions are more likely to face felony charges, even for lower-value thefts. This is because the justice system views repeat offenses as an indication of ongoing criminal behavior.
To further illustrate the differences, here are some examples of each.
Misdemeanor theft examples include:
Shoplifting a pair of headphones worth $200
Stealing a purse containing less than $1,000
Taking items from a parked car worth less than $1,000
Felony theft examples include:
Embezzling $5,000 from an employer
Stealing a luxury watch worth $10,000
Using force to rob someone of a cellphone
Stealing a motor vehicle worth $20,000
These examples highlight how the value and circumstances of theft can significantly impact the charge your criminal defense attorney will challenge. Even small differences in value or the method of theft can shift a case from a misdemeanor to a felony.
The penalties for theft crimes vary widely depending on whether the charge is a misdemeanor or a felony.
If convicted of petit larceny in New York, the penalties include:
Up to one year in jail
Fines up to $1,000 or double the value of the stolen property
Probation
Restitution to the victim
Misdemeanor convictions can also result in a criminal record, which may have long-term consequences such as difficulty finding employment or securing housing.
Felony theft penalties depend on the degree of the charge:
Fourth-degree grand larceny: Up to four years in prison
Third-degree grand larceny: Up to seven years in prison
Second-degree grand larceny: Up to 15 years in prison
First-degree grand larceny: Up to 25 years in prison
In addition to prison time, felony convictions often come with higher fines, restitution, and long-term consequences such as difficulty finding employment and losing the right to vote. The stigma of a felony conviction can affect nearly every aspect of a person’s life, making a criminal defense attorney essential.
While value and circumstances are major factors, other considerations can also affect how theft crimes are charged.
Juvenile offenders may be treated differently under New York law. In some cases, minors accused of theft may have their cases handled in family court rather than criminal court. This often results in more rehabilitative-focused outcomes rather than punitive measures.
Even if the stolen property is worth less than $1,000, using or threatening to use a weapon during the theft can elevate the charge to a robbery, which is always a felony. This distinction is crucial because robbery involves a level of violence or intimidation that’s absent in most theft cases.
Theft from certain locations, such as schools, places of worship, or government buildings, may carry enhanced penalties. Courts often consider thefts from these locations more egregious because they target institutions that serve the public.
If multiple people are involved in the theft, additional charges such as conspiracy may apply, leading to more severe penalties. Collaborative crimes often reflect greater premeditation and organization, which courts take seriously.
Understanding whether a theft crime is a misdemeanor or felony has far-reaching implications. A felony conviction can have lifelong consequences, including the loss of certain civil rights, difficulty securing employment, and harsher penalties for future offenses. By contrast, misdemeanor charges, while still serious, typically carry lighter penalties.
These distinctions also highlight the importance of legal representation from a criminal defense attorney. Whether someone is facing a misdemeanor or felony theft charge, having an experienced attorney, such as Attorney Litman, can make a significant difference in the outcome of the case.
When facing theft charges, it’s essential to explore all possible defenses with a criminal defense attorney. Some common defenses include:
Lack of intent: If the defendant didn’t intend to permanently deprive the owner of the property, they may have a valid defense.
Mistaken identity: Theft cases often rely on eyewitness testimony, which can be unreliable.
Ownership dispute: If the defendant believed they had a legal right to the property, this could be a defense.
Entrapment: If law enforcement coerced the defendant into committing the crime, this might be a valid defense.
Value of the property: Challenging the prosecution’s valuation of the stolen property can sometimes reduce a felony charge to a misdemeanor.
Each case is unique, and the success of a criminal defense attorney depends on the specific circumstances. Consulting with an attorney is the best way to determine the most effective defense approach.
The difference between a misdemeanor and felony theft charge comes down to key factors such as the circumstances of the theft. If you’re facing theft charges in Westchester County, New York, and the surrounding area including White Plains, Harrison, and Yonkers, it’s crucial to consult with a skilled criminal defense attorney at the Law Office of Michael D. Litman, PLLC.
Have you recently been charged with theft? Theft crimes can have serious consequences, but not all theft charges are treated equally under the law. In New York, the distinction between a misdemeanor and a felony theft charge hinges on several key factors.
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