Petit larceny is New York's charge for stealing property, and shoplifting is charged this way unless the value or other facts make it grand larceny. It is a class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000. When the property is worth more than $1,000, the charge becomes grand larceny in the fourth degree, a class E felony.
This guide reflects New York law as of October 2026. Laws change, so check the current statute or ask a New York criminal defense attorney or public defender about your case.
What petit larceny means in New York
Under Penal Law §155.25, a person is guilty of petit larceny when they steal property. There is no minimum value: taking anything at all can be petit larceny.
New York has no separate shoplifting law. Shoplifting is charged as petit larceny or, at higher values, as grand larceny. The statute spells it petit, but people often say petty, and in New York the two mean the same thing.
Petit larceny vs. grand larceny in New York
The dividing line is $1,000. Under Penal Law §155.30, theft of property worth more than $1,000 is grand larceny in the fourth degree, a class E felony. The statute lists other circumstances that also make a theft grand larceny regardless of value.
Since a 2024 change, the value of retail goods stolen as part of one scheme can be added together to reach the $1,000 line, even when they were taken from different stores.
Petit larceny punishment in New York
As of 2026, the maximum penalties are:
- Petit larceny (class A misdemeanor): up to 364 days in jail (§70.15) and a fine of up to $1,000, or instead up to double the amount the defendant gained (§80.05).
- Grand larceny in the fourth degree (class E felony): up to 4 years in prison, though the court may impose a definite sentence of 1 year or less instead (§70.00), and a fine of up to $5,000 or double the defendant's gain, whichever is higher (§80.00).
These are the most the law allows. The actual outcome depends on the facts, your record, the court, and any agreement with the prosecutor.
Adjournment in contemplation of dismissal (ACD)
An ACD under Criminal Procedure Law §170.55 adjourns the case without a date, with a view to dismissing it. It can be ordered after arraignment and before a plea or trial, when the prosecutor and the defendant both agree.
- The prosecutor can ask to restore the case within 6 months. If that does not happen, the case is dismissed.
- Once dismissed, the arrest and prosecution are deemed a nullity.
- With the defendant's consent, the court can add community service as a condition.
Prosecutors and courts may also attach other conditions to an ACD or a plea, such as completing a theft or shoplifting class. Ask your attorney what your court expects.
Civil demands from stores in New York
Separately from the criminal case, General Obligations Law §11-105 lets a store recover:
- The retail price of merchandise not recovered in sellable condition, up to $1,500.
- A penalty of up to the greater of 5 times the retail price or $75, but never more than $500.
A store can demand payment orally or in writing before suing, and it does not need a conviction to sue. Parents can be liable for a minor on the same terms. Paying does not end the criminal case; see our guide to shoplifting civil demand letters.
Taking a theft class online in New York
If your court, prosecutor, or probation officer requires a theft, shoplifting, or anti-theft class, confirm before you enroll that a self-paced online class meets the requirement and how many hours you need. Our New York theft class page lists the options, and our page on court ordered shoplifting classes online explains how the class works.