The author of this article, Matthew Galluzzo, is a criminal defense attorney and former Manhattan prosecutor with over twenty-five years of experience in New York City criminal law. He has successfully represented dozens of people charged with larceny crimes throughout the five boroughs of New York City.

Grand larceny is one of the most commonly charged theft offenses in New York. Although many people think of grand larceny as simply stealing something valuable, New York’s Penal Law defines larceny much more broadly.

A person can commit larceny in numerous ways, including physically taking someone else’s property, obtaining property through fraud, keeping property that was lost, making a false promise to obtain property, using threats to obtain property, failing to pay legally required wages, or engaging in certain fraudulent transactions involving real estate.

The seriousness of the resulting charge depends on the circumstances. New York has four degrees of grand larceny, ranging from Grand Larceny in the Fourth Degree, a Class E felony, to Grand Larceny in the First Degree, a Class B felony.

What Is Larceny Under New York Law?

The starting point is New York Penal Law § 155.05.

A person commits larceny when, with the intent to deprive another person of property or to appropriate the property to himself, herself, or a third person, the person wrongfully takes, obtains, or withholds property from its owner.

New York’s definition of “property” is also extremely broad. It includes money, personal property, real property, computer data, computer programs, debts and contracts, and other things of value.

Thus, a grand-larceny prosecution does not necessarily involve a traditional shoplifting or theft scenario.

Different Ways to Commit Larceny in New York

Section 155.05 specifically identifies several different ways in which larceny can occur.

1. Trespassory Taking

The most familiar form of larceny is what people generally think of as theft: one person intentionally takes another person’s property without permission.

For example, prosecutors might allege that a defendant:

• Took another person’s vehicle;
• Stole cash from a business;
• Removed valuable property from someone’s home;
• Took merchandise from a store; or
• Removed property from another person’s possession.

This is commonly described as larceny by trespassory taking.

The prosecution generally must establish both the wrongful taking and the required intent to deprive the owner of the property or appropriate it to the defendant or another person.

2. Larceny by Trick

Larceny can also occur when a defendant obtains possession of property through deception.

This is sometimes referred to as larceny by trick.

For example, a person might obtain possession of valuable property by making a false representation to the owner while intending to steal it.

The distinction between different theories of larceny can become important in cases involving fraud because the prosecution may allege that the defendant obtained possession through deception rather than simply taking the property by force or stealth.

3. Embezzlement

New York also treats embezzlement as a form of larceny.

Embezzlement generally involves property that was lawfully entrusted to a person, followed by an allegedly wrongful appropriation of that property.

A common example would be an employee, fiduciary, business manager, or other person entrusted with another person’s money who allegedly converts the money for personal use.

The fact that the defendant originally had lawful possession or access to the property does not necessarily prevent a larceny prosecution.

4. Obtaining Property by False Pretenses

A person can also commit larceny by obtaining property through false pretenses.

This can involve intentionally making false representations about an existing or past fact in order to induce another person to transfer property.

For example, prosecutors could allege that a person obtained money by falsely representing that a particular transaction, investment, business relationship, or other circumstance actually existed.

The precise facts and the defendant’s intent are critical in these cases.

5. Acquiring Lost Property

New York law also specifically addresses property that has been lost or mislaid.

A person commits larceny under this theory when the person exercises control over property belonging to another person while knowing that it was lost or mislaid—or delivered by mistake—and fails to take reasonable measures to return it to its owner.

For example, finding a valuable item and immediately treating it as one’s own can potentially create criminal exposure depending on the circumstances.

Simply finding something does not automatically establish grand larceny. The statutory requirements concerning knowledge, control, and the failure to take reasonable measures to return the property are important.

6. Bad Checks

New York’s larceny statute incorporates the crime of issuing a bad check as one of the ways in which larceny can be committed.

A prosecution involving an allegedly fraudulent check can therefore potentially result in a larceny charge depending upon the facts and applicable statutes.

7. False Promise

New York also recognizes larceny by false promise.

This occurs when, pursuant to a scheme to defraud, a person obtains property by representing—expressly or implicitly—that the person or someone else will engage in particular conduct in the future, while the person does not actually intend to perform that promise.

An important feature of the statute is that the mere fact that a promise was not ultimately performed does not, by itself, establish that the defendant committed larceny.

The prosecution must have evidence supporting the required intent at the time the promise was made.

8. Extortion

Larceny can also occur through extortion.

Under Penal Law § 155.05, extortion involves obtaining property by compelling or inducing another person to deliver it through certain threats or fears.

The statute identifies numerous forms of threatened conduct, including threats to cause physical injury, damage property, commit a crime, expose a secret, interfere with a person’s business, or misuse public office.

Extortion therefore differs from an ordinary theft because the alleged victim may voluntarily hand over the property—but prosecutors contend that the transfer occurred because of an unlawful threat.

The degree of grand larceny can depend upon the particular type of extortion alleged.

9. Wage Theft

New York law also expressly includes wage theft within the statutory definition of larceny.

A person commits wage theft when the person hires another person to perform services and does not pay the required wages, including minimum wage and overtime or a promised wage if greater. The statute also contains provisions permitting certain unpaid wages to be aggregated for purposes of a larceny prosecution.

This means that a larceny prosecution can arise from an employment relationship and does not necessarily involve traditional theft of physical property.

10. Deed Theft

New York law now also expressly addresses deed theft.

The statute includes several forms of fraudulent conduct involving residential or commercial real property, including intentionally altering or falsifying documents involved in the conveyance or financing of real property, misrepresenting oneself as the owner or authorized representative of property, and obtaining or transferring ownership through fraud, forgery, larceny, false pretenses, false promise, or another fraudulent or deceptive practice.

Certain forms of deed theft are specifically classified as grand larceny, with the degree depending upon the property and circumstances involved.

The Four Degrees of Grand Larceny

New York generally divides grand larceny into four degrees.

The value of the property is often the determining factor, but it is not the only factor. Certain types of property or particular methods of committing larceny can result in a felony charge regardless of the property’s monetary value.

Grand Larceny in the Fourth Degree — Penal Law § 155.30

Grand Larceny in the Fourth Degree is a Class E felony.

The most common way to commit Grand Larceny in the Fourth Degree is to steal property worth more than $1,000.

But § 155.30 also identifies numerous other circumstances that can make a theft Grand Larceny in the Fourth Degree regardless of ordinary value considerations.

These include stealing:

• Certain public records or instruments;
• Secret scientific material;
• A credit card or debit card;
• Property directly from another person’s body or person;
• Property obtained through extortion;
• One or more firearms, rifles, or shotguns;
• Certain motor vehicles worth more than $100;
• Certain property used for religious worship;
• Certain access devices; and
• Certain anhydrous or liquified ammonia when the statutory intent concerning methamphetamine manufacture exists.

The statute also contains a special provision concerning retail merchandise stolen pursuant to a common scheme or ongoing intent, allowing the value of qualifying retail property to be aggregated.

Thus, a person can commit Grand Larceny in the Fourth Degree even when the stolen property is worth less than $1,000, depending upon the nature of the property or circumstances.

Grand Larceny in the Third Degree — Penal Law § 155.35

Grand Larceny in the Third Degree is a Class D felony.

The traditional value-based form of the offense occurs when the stolen property is worth more than $3,000.

Third-degree grand larceny can also involve:

• Theft of an automated teller machine or the contents of an ATM;
• Qualifying retail merchandise stolen as part of a common scheme or ongoing intent where the aggregate value exceeds $3,000; and
• Certain deed-theft conduct involving one commercial real property.

The ATM provision is important because the statute does not simply ask how much money was inside the machine. The statute specifically identifies an ATM or its contents as a basis for third-degree grand larceny.

Grand Larceny in the Second Degree — Penal Law § 155.40

Grand Larceny in the Second Degree is a Class C felony.

The ordinary value threshold is more than $50,000.

Second-degree grand larceny can also arise from certain forms of extortion regardless of the ordinary value of the property. The statute identifies extortion involving threats to cause future physical injury, damage property, or misuse a public servant’s position.

The statute also permits aggregation of qualifying retail merchandise stolen pursuant to a common scheme or ongoing intent when the value exceeds $50,000. Certain forms of deed theft are separately classified as second-degree grand larceny regardless of value.

Grand Larceny in the First Degree — Penal Law § 155.42

Grand Larceny in the First Degree is a Class B felony.

The traditional value threshold is more than $1 million.

The statute also contains special provisions concerning certain large-scale retail theft and deed theft. In particular, specified deed-theft conduct involving residential real property can constitute first-degree grand larceny regardless of the property’s monetary value.

Because first-degree grand larceny is a Class B felony, an allegation involving property worth more than $1 million can carry extremely serious potential consequences.

Grand Larceny Is Not Always About the Value of the Property

One of the most important things to understand about New York’s larceny statutes is that value is not always what determines whether a theft is a felony.

For example, Fourth Degree Grand Larceny can apply when the stolen property is a firearm, credit card, or certain other specifically identified property, even if the property’s value is below $1,000. Similarly, certain extortion and deed-theft offenses have special statutory classifications.

Consequently, determining the potential charge requires examining both what was allegedly stolen and how it was allegedly stolen.

The Value of Stolen Property Can Also Be Aggregated

In certain circumstances, prosecutors can seek to establish the value of multiple items collectively.

This is particularly important in cases involving retail merchandise allegedly stolen pursuant to a common scheme, plan, or single ongoing intent. The statutes expressly permit qualifying retail property to be aggregated for purposes of determining the applicable degree.

Accordingly, several individual thefts that might appear relatively small when considered separately can potentially result in a more serious charge if the statutory requirements for aggregation are satisfied.

Intent Is a Critical Element

Grand larceny is not simply a crime of accidentally taking or possessing someone else’s property.

The prosecution must establish the required intent. Under § 155.05, the defendant must act with the intent to deprive another of property or to appropriate it to himself, herself, or a third person.

That requirement can become particularly important in cases involving:

• Business disputes;
• Ownership disputes;
• Property entrusted to an employee or business partner;
• Allegedly unpaid debts;
• Contract disputes;
• Investments;
• Property found or received by mistake; and
• Disputes concerning who was entitled to possess or use particular property.

The facts surrounding the defendant’s intent may therefore be central to the defense.

Claim of Right as a Potential Defense

New York law recognizes a claim-of-right affirmative defense in certain larceny prosecutions involving trespassory taking or embezzlement.

Under Penal Law § 155.15, it can be an affirmative defense that the property was appropriated under a claim of right made in good faith.

Whether that defense applies depends upon the particular facts and the theory of larceny alleged.

What Happens If You Are Accused of Grand Larceny in New York?

A grand-larceny investigation or arrest should be taken seriously. A felony conviction can have consequences involving incarceration, probation, restitution, employment, professional licensing, immigration, travel, and other aspects of a person’s life.

The first step in evaluating a case is determining exactly what prosecutors claim happened.

A defense attorney will typically need to examine questions such as:

• What property was allegedly stolen?
• Who owned the property?
• What was the property worth?
• How was the property allegedly obtained?
• What evidence establishes the defendant’s intent?
• Was the property voluntarily transferred?
• Was there an agreement or business relationship between the parties?
• Was the defendant lawfully entrusted with the property?
• Are prosecutors aggregating multiple alleged thefts?
• Does a special statutory provision apply?
• Are there potential defenses?
• What evidence supports the prosecution’s allegations?

These questions can make the difference between a misdemeanor, a lower-level felony, and a much more serious felony prosecution.

Contact Matthew Galluzzo About a New York Grand Larceny Case

If you or a family member has been arrested or investigated for Grand Larceny in New York, it is important to speak with an experienced criminal-defense attorney before making decisions that could affect the case.

Matthew Galluzzo represents individuals facing criminal charges in New York, including theft and fraud-related offenses. He can review the allegations and evidence, determine which provision of the New York Penal Law applies, identify potential defenses, and advocate for the client’s interests throughout the criminal process.

Grand larceny is not a single type of theft. New York law recognizes numerous ways in which larceny can be committed, and the degree of the offense can depend upon the property’s value, the nature of the property, the manner in which it was obtained, and other statutory circumstances.

Anyone facing a New York grand-larceny investigation or charge should have the allegations evaluated carefully because the precise theory of larceny and the applicable statutory provision can have a substantial effect on the potential consequences of the case.

If you have been arrested and charged with Grand Larceny in New York City, you should strongly consider contacting Matthew Galluzzo to engage his legal services.