New YorkTheft Lawyer

Theft-related charges in New York carry serious consequences. Convictions for larceny, burglary, robbery, fraud, or related offenses can result in substantial prison sentences, significant fines, restitution obligations, and permanent criminal records that affect employment, professional licensing, and personal reputation.

At the Law Offices of Matthew Cohan, we represent clients facing theft, property, and financial crime charges throughout Manhattan, Brooklyn, Queens, the Bronx, Nassau County, Suffolk County, Westchester County, and across New York State. Below is an overview of the most common theft-related charges under New York Penal Law and how we can protect your rights.

Petit Larceny (NY Penal Law § 155.25)

Petit Larceny involves the unlawful taking of property valued at $1,000 or less with intent to permanently deprive the owner of possession.

Classification: Class A misdemeanor

Potential penalties:

• Jail: Up to 1 year (364 days)
• Probation: Up to 3 years
• Fines and surcharges
• Community service
• Restitution

Common examples: Shoplifting, taking personal belongings without permission, minor property theft

While classified as a misdemeanor, petit larceny convictions create permanent criminal records that appear on background checks and can significantly impact employment opportunities, immigration status, and professional licensing.

Grand Larceny (NY Penal Law §§ 155.30–155.42)

Grand Larceny involves stealing property exceeding $1,000 in value or specific items such as credit cards, firearms, public records, or motor vehicles regardless of value.

Fourth Degree (Class E Felony): Property exceeding $1,000

• Prison: Up to 4 years
• Common in employee theft, retail fraud, and identity theft cases

Third Degree (Class D Felony): Property exceeding $3,000

• Prison: Up to 7 years (indeterminate sentence of 2 1/3 to 7 years)
• Frequently charged in embezzlement and financial fraud cases

Second Degree (Class C Felony): Property exceeding $50,000

• Prison: Up to 15 years (indeterminate sentence up to 5 to 15 years)
• Common in significant white-collar crime prosecutions

First Degree (Class B Felony): Property exceeding $1,000,000

• Prison: Up to 25 years
• Reserved for large-scale financial fraud and embezzlement schemes

Grand Larceny prosecutions often involve complex financial evidence, valuation disputes, and challenges to proof of intent. Experienced defense counsel is essential to examine how property values were calculated and whether the prosecution can establish the requisite intent to permanently deprive the owner.

Burglary (NY Penal Law §§ 140.20–140.30)

Burglary occurs when a person unlawfully enters or remains in a building with intent to commit a crime inside, most commonly theft.

Third Degree (Class D Felony): Unlawful entry into any building with criminal intent

• Prison: Up to 7 years

Second Degree (Class C Violent Felony): Entry into a dwelling or involving a weapon

• Prison: 3 1/2 to 15 years (mandatory minimum)

First Degree (Class B Violent Felony): Armed with a deadly weapon or causing physical injury

• Prison: 5 to 25 years (mandatory minimum)

Burglary differs from larceny in that it focuses on unlawful entry with criminal intent, even if no property was ultimately taken. The presence of weapons or injury to victims dramatically increases the severity of charges and mandatory minimum sentences.

Robbery (NY Penal Law §§ 160.05–160.15)

Robbery is forcible stealing involving the use or threat of physical force.

Third Degree (Class D Felony): Forcible stealing

• Prison: Up to 7 years

Second Degree (Class C Violent Felony): With an accomplice, causing physical injury, displaying what appears to be a firearm, or involving a motor vehicle

• Prison: 3 1/2 to 15 years (mandatory minimum)

First Degree (Class B Violent Felony): Armed with a deadly weapon, using a dangerous instrument, or causing serious physical injury

• Prison: 5 to 25 years (mandatory minimum)

Robbery combines elements of theft and violence, resulting in violent felony classifications and mandatory prison sentences for second and first-degree convictions.

Criminal Possession of Stolen Property (NY Penal Law §§ 165.40–165.54)

This offense applies when a person knowingly possesses property that was stolen, even if they did not personally commit the theft.

Charges range from Class A misdemeanor (any value) to Class B felony ($1,000,000 or more) based on property value and intent to benefit from possession or impede recovery.

Common defenses include lack of knowledge that property was stolen and lack of intent to benefit from possession.

Forgery (NY Penal Law §§ 170.05–170.15)

Forgery involves falsely making, altering, completing, or possessing a written instrument with intent to defraud, deceive, or injure another.

Third Degree (Class A Misdemeanor): Any written instrument

• Jail: Up to 1 year

Second Degree (Class D Felony): Deeds, wills, contracts, credit cards, prescriptions, public records, government documents

• Prison: Up to 7 years

First Degree (Class C Felony): Currency, government securities, stocks, bonds

• Prison: Up to 15 years

Common examples: Check forgery, falsifying business records, counterfeit identification documents, fraudulent temporary license plates, forged prescriptions

Forgery charges frequently accompany fraud or identity theft allegations, particularly in financial crime investigations.

Fraud Offenses (Various NY Penal Law Provisions)

Fraud encompasses a broad range of deceptive conduct used to unlawfully obtain money, property, or benefits.

Common fraud charges:

• Credit Card Fraud
• Insurance Fraud
• Welfare Fraud
• Mortgage or Real Estate Fraud
• Identity Theft (NY Penal Law Article 190)
• Scheme to Defraud (NY Penal Law § 190.65)

Fraud offenses can result in felony convictions, substantial restitution orders, and severe damage to professional credibility. Defense strategies focus on challenging proof of intent to defraud and examining the voluntariness of any statements made to investigators.

Extortion (NY Penal Law § 155.05(2)(e))

Extortion, also known as larceny by extortion, occurs when a person compels another to deliver property through instilling fear that the actor or another will:

• Cause physical injury or property damage
• Engage in conduct constituting a crime
• Accuse someone of a crime or cause criminal charges to be instituted
• Expose a secret or publicize an asserted fact to subject someone to hatred, contempt, or ridicule
• Testify or withhold testimony regarding another's legal claim or defense
• Use or abuse a position as a public servant
• Perform any other act that would not in itself benefit the actor but would harm another person

Depending on the value of property obtained, extortion can constitute Grand Larceny in the Fourth, Third, Second, or First Degree.

Bribery (NY Penal Law §§ 200.00–200.11)

Bribery involves conferring, offering, or agreeing to confer any benefit upon a public servant with intent to influence their official actions, or a public servant soliciting or receiving such benefits.

Third Degree (Class D Felony): Up to 7 yearsSecond Degree (Class C Felony): Up to 15 yearsFirst Degree (Class B Felony): Up to 25 years

Bribery prosecutions are aggressively pursued in New York, particularly in government corruption and corporate compliance investigations.

Embezzlement

Embezzlement is not a separate statute but falls under Grand Larceny provisions when a person entrusted with property unlawfully appropriates it for personal use.

Common scenarios:

• Employees diverting company funds
• Financial managers misusing client accounts
• Officers or employees taking money from businesses or nonprofit organizations
• Trustees misappropriating estate or trust assets

Embezzlement cases often arise from internal audits, accounting discrepancies, or whistleblower complaints. These cases frequently involve complex financial records and require early legal intervention to prevent escalation or additional charges.