Felony Theft Amount and Penalties in New York
The dollar amount that makes theft a felony in New York, and the felony and misdemeanor classes and penalties that apply.
Short answer: Petit larceny (stealing property) is a class A misdemeanor (§ 155.25). Larceny becomes a felony — grand larceny in the fourth degree, a class E felony — when the value of the property exceeds one thousand dollars, or regardless of value in listed cases such as a credit or debit card… N.Y. Penal Law §§ 155.25, 155.30, 155.35, 155.40, 155.42
| How much theft is a felony | Petit larceny (stealing property) is a class A misdemeanor (§ 155.25). Larceny becomes a felony — grand larceny in the fourth degree, a class E felony — when the value of the property exceeds one thousand dollars, or regardless of value in listed cases such as a credit or debit card, property taken from the person, property obtained by extortion, a firearm, or a motor vehicle worth more than $100 (§ 155.30). Grand larceny in the third degree (class D felony): value exceeds three thousand dollars (§ 155.35). Second degree (class C felony): value exceeds fifty thousand dollars (§ 155.40). First degree (class B felony): value exceeds one million dollars (§ 155.42). |
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| Felony classes and maximum sentences | Felonies are class A (A-I and A-II), B, C, D and E. Maximum terms of an indeterminate sentence (§ 70.00(2)): class A felony — life imprisonment; class B — shall not exceed twenty-five years; class C — shall not exceed fifteen years; class D — shall not exceed seven years; class E — shall not exceed four years. Minimum periods for class A: A-I — not less than fifteen years nor more than twenty-five years; A-II — not less than three years nor more than eight years four months (with exceptions for listed offenses such as first-degree murder). Separate determinate-sentence rules apply to violent felonies (§ 70.02) and drug felonies. Felony fines (§ 80.00(1)) may not exceed the higher of $5,000 or 'double the amount of the defendant's gain from the commission of the crime' (special schedules apply to drug felonies under articles 220 and 221). Fines: https://www.nysenate.gov/legislation/laws/PEN/80.00 |
| Misdemeanor classes and maximum penalties | Class A misdemeanor — term shall not exceed three hundred sixty-four days; fine not exceeding one thousand dollars. Class B misdemeanor — term shall not exceed three months; fine not exceeding five hundred dollars. Unclassified misdemeanor — as specified in the law defining the crime, and in any event not to exceed three hundred sixty-four days; fine per the defining law. Violation — term shall not exceed fifteen days; fine not exceeding two hundred fifty dollars. References to 'one year' or '365 days' in misdemeanor sentences are treated as 364 days (§ 70.15(1-a)). Fines: https://www.nysenate.gov/legislation/laws/PEN/80.05 Source: N.Y. Penal Law §§ 70.15, 80.05 |
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FAQ
How much do you have to steal for it to be a felony in New York?
Petit larceny (stealing property) is a class A misdemeanor (§ 155.25). Larceny becomes a felony — grand larceny in the fourth degree, a class E felony — when the value of the property exceeds one thousand dollars, or regardless of value in listed cases such as a credit or debit card, property taken from the person, property obtained by extortion, a firearm, or a motor vehicle worth more than $100 (§ 155.30). Grand larceny in the third degree (class D felony): value exceeds three thousand dollars (§ 155.35). Second degree (class C felony): value exceeds fifty thousand dollars (§ 155.40). First degree (class B felony): value exceeds one million dollars (§ 155.42).
What are the felony classes and maximum sentences in New York?
Felonies are class A (A-I and A-II), B, C, D and E. Maximum terms of an indeterminate sentence (§ 70.00(2)): class A felony — life imprisonment; class B — shall not exceed twenty-five years; class C — shall not exceed fifteen years; class D — shall not exceed seven years; class E — shall not exceed four years. Minimum periods for class A: A-I — not less than fifteen years nor more than twenty-five years; A-II — not less than three years nor more than eight years four months (with exceptions for listed offenses such as first-degree murder). Separate determinate-sentence rules apply to violent felonies (§ 70.02) and drug felonies. Felony fines (§ 80.00(1)) may not exceed the higher of $5,000 or 'double the amount of the defendant's gain from the commission of the crime' (special schedules apply to drug felonies under articles 220 and 221).
What are the misdemeanor classes and penalties in New York?
Class A misdemeanor — term shall not exceed three hundred sixty-four days; fine not exceeding one thousand dollars. Class B misdemeanor — term shall not exceed three months; fine not exceeding five hundred dollars. Unclassified misdemeanor — as specified in the law defining the crime, and in any event not to exceed three hundred sixty-four days; fine per the defining law. Violation — term shall not exceed fifteen days; fine not exceeding two hundred fifty dollars. References to 'one year' or '365 days' in misdemeanor sentences are treated as 364 days (§ 70.15(1-a)).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.