Buffalo Theft Attorneys

• Article 155.05 – Larceny
• Article 155.25 – Petit Larceny – A Misdemeanor
• Article 155.30 – Grand Larceny in the Fourth Degree – E Felony
• Article 155.35 – Grand Larceny in the Third Degree – D Felony
• Article 155.40 – Grand Larceny in the Second Degree – C Felony
• Article 155.42 – Grand Larceny in the First Degree – B Felony
• Article 155.43 – Aggravated Grand Larceny of an Automated Teller Machine – C Felony

The primary difference is the value of the property stolen. Petit Larceny (a Class A Misdemeanor) is the theft of property with a value of $1,000 or less. Grand Larceny is a felony and is charged when the property’s value exceeds $1,000. The specific degree of Grand Larceny (Fourth, Third, Second, or First) depends on higher monetary thresholds or the type of property stolen (e.g., a car or credit card).

Yes. Shoplifting is charged as larceny in New York. If the value of the goods is $1,000 or less, it’s Petit Larceny, a Class A misdemeanor punishable by up to a year in jail and a permanent criminal record. If the value exceeds $1,000, it becomes a felony Grand Larceny charge with the potential for state prison time.

This is a critical element the prosecutor must prove in a larceny case. It means you intended to keep the property permanently or for such an extended period that it would lose most of its value. If you only intended to borrow an item and then return it, you may have a defense against a larceny charge, though you could potentially face another charge like unauthorized use of a vehicle.

Yes. Under New York’s ‘merchant’s privilege’ law, a store’s owner or employee can detain a person in a reasonable manner and for a reasonable time if they have reasonable grounds to believe the person was shoplifting. However, if the detention is unreasonable, it could lead to a civil claim for false arrest.

You should immediately invoke your right to remain silent and your right to an attorney. Do not speak to the police, store security, or anyone else about the incident. Do not sign any statements or admissions. Politely state that you will not answer any questions without your lawyer present. This is the most important step to protect your rights.

An ACD is a very favorable outcome often available to first-time offenders in misdemeanor theft cases. The case is postponed, typically for six months or a year. If you stay out of trouble during that period, the case is completely dismissed and sealed, leaving you with no criminal record. An attorney’s primary goal is often to negotiate for an ACD.

Retailers often send civil demand letters asking for a penalty under New York’s General Business Law. This is separate from your criminal case. While they can sue you in civil court if you don’t pay, they rarely do for small amounts. You should discuss whether to pay this demand with your criminal defense attorney, as it has no direct bearing on the criminal charges.