Grand larceny in the fourth degree in New York is a Class E felony under Penal Law Section 155.30, charged when stolen property is worth more than $1,000 or when the theft involves specific items or circumstances the statute singles out. A conviction carries up to four years in state prison and a permanent felony record. The line between this charge and misdemeanor petit larceny often turns on a single detail — the dollar value, what was taken, or how it was taken — so the specifics matter.1New York State Senate. New York Code PEN 155.30 – Grand Larceny in the Fourth Degree
When the $1,000 Threshold Applies
The most common path to this charge is stealing property worth more than $1,000. Below that number, with no other aggravating facts, the theft is petit larceny, a Class A misdemeanor.2New York State Senate. New York Code PEN 155.25 – Petit Larceny Crossing $1,000 moves the case from misdemeanor to felony court and changes everything that follows.
Value is not whatever the item originally cost. Penal Law Section 155.20 uses market value at the time and place of the crime. If market value cannot be established satisfactorily, the court uses the cost of replacing the property within a reasonable time after the theft.3New York State Senate. New York Code PEN 155.20 – Larceny; Value of Stolen Property A used laptop bought years ago for $1,500 is not automatically a $1,500 theft. The prosecution has to show what someone would actually pay for it today. Where no method can satisfactorily establish value, the law treats the property as worth less than $250, which drops the case below the felony line.
Thefts That Are Felonies No Matter the Dollar Value
Several categories of theft qualify as fourth-degree grand larceny even if what was taken is worth very little. The legislature singled these out because of the kind of harm involved, not the amount.
Credit and Debit Cards
Taking someone’s credit or debit card is a felony under this statute, period. The plastic itself may be worthless, but the potential for financial harm is enough. Pocketing another person’s card at a restaurant is grand larceny in the fourth degree even if the card is never used.
Firearms, Rifles, and Shotguns
Stealing any firearm, rifle, or shotgun qualifies. New York’s definition of “firearm” under Penal Law 265.00 is broader than everyday usage and reaches pistols, revolvers, assault weapons, and short-barreled rifles or shotguns, so the statute effectively covers every type of gun with no minimum value.4New York State Senate. New York Code PEN 265.00 – Definitions
Theft Directly From a Person
Taking property off another person’s body or clothing is fourth-degree grand larceny regardless of value. Pickpocketing is the textbook case. Slipping a $5 bill out of someone’s jacket pocket is a felony under this subsection even though $5 would otherwise be a misdemeanor theft. The victim must have the property on them at the moment it is taken. Force or threats would push the charge up to robbery.
Property Obtained by Extortion
If the property is taken by extortion — compelling the victim through threats — the charge is fourth-degree grand larceny no matter what the property is or what it is worth. Even extracting something trivial by threatening to reveal embarrassing information falls here.
Motor Vehicles Worth More Than $100
Stealing a motor vehicle valued at more than $100 qualifies, as long as the vehicle is not a motorcycle. In practice, that threshold captures nearly every car, truck, and van on the road. Motorcycle theft can still be prosecuted under the general $1,000 threshold or another provision.
Public Records and Secret Scientific Material
Taking a public record, writing, or document kept in a government office is enough for this charge, as is stealing secret scientific material. The loss of these items damages public administration or compromises research that cannot easily be replaced.
Religious Items
Theft of property used in religious worship qualifies when the item is worth at least $100 and is kept at or used in connection with a place of worship operated by a religious corporation. Scrolls, vestments, ceremonial vessels, and displays of religious symbols are covered.
Anhydrous Ammonia Tied to Methamphetamine
Stealing anhydrous ammonia or liquefied ammonia gas becomes fourth-degree grand larceny when the person intends to use it, or knows another person intends to use it, to manufacture methamphetamine. The provision is specific to meth, not controlled substances generally, and the prosecution has to prove the connection.
Telephone Access Devices
Taking an access device with intent to use it unlawfully to obtain telephone service also falls within the statute.
Organized Retail Theft
A subsection aimed at serial shoplifting lets prosecutors aggregate the value of goods stolen across multiple incidents when the thefts are part of a common scheme or ongoing plan. If the total exceeds $1,000, the charge is fourth-degree grand larceny even when no single incident reached that mark. The goods do not have to come from the same store or the same owner.
What a Conviction Can Cost
Fourth-degree grand larceny is the lowest felony classification in New York, but the consequences are serious.
Prison
The maximum sentence is four years.5New York State Senate. New York Code PEN 70.00 – Sentence of Imprisonment for Felony Felony sentences in New York are typically indeterminate: the judge sets a maximum (up to four years for a Class E felony) and a minimum of at least one year but no more than one-third of the maximum. A full four-year sentence means serving roughly sixteen months before parole eligibility. For first-time felony offenders, the court can instead impose a definite sentence of one year or less. That alternative is not available to second or persistent felony offenders.
Probation
Instead of prison, or after a period of incarceration, the court may impose probation of three, four, or five years.6New York State Senate. New York Code PEN 65.00 – Sentence of Probation Probation involves reporting to an officer and following conditions the court sets, which can include drug testing, curfews, community service, and travel limits. Violating conditions can lead to revocation and prison.
Fines, Restitution, and Surcharges
A judge can impose a fine of up to $5,000 or double the amount gained from the crime, whichever is higher.7New York State Senate. New York Code PEN 80.00 – Fines A theft of $4,000 in merchandise could draw an $8,000 fine under that formula. Restitution to the victim can also be ordered. Every felony conviction carries a mandatory $300 surcharge and a $25 crime victim assistance fee; a $50 DNA databank fee may apply depending on the offense.8New York State Senate. New York Code PEN 60.35 – Mandatory Surcharge, Crime Victim Assistance Fee The judge cannot waive these.
How Long Prosecutors Have to File
The state has five years from the date of the offense to bring a fourth-degree grand larceny charge. If the theft involved a breach of fiduciary duty, prosecution can begin within one year after the victim discovered the theft or reasonably should have, even if more than five years have passed since the crime.9New York State Senate. New York Code CPL 30.10 – Timeliness of Prosecutions
Consequences the Sentence Doesn’t Capture
The prison term ends and probation expires, but a felony conviction keeps working on a person’s life long after the case closes.
Lifetime Federal Firearm Ban
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Fourth-degree grand larceny carries up to four years, so a conviction triggers this lifetime ban. It does not matter if the sentence was probation or no incarceration at all. The ban runs off what the offense is punishable by, not what was actually imposed.
Immigration Risk
For non-citizens, the consequences can be severe. Theft offenses committed with intent to permanently deprive the owner of property are generally treated as crimes involving moral turpitude, which can lead to inadmissibility or deportation. A theft offense also becomes an aggravated felony under federal immigration law when the sentence imposed is one year or more, and “sentence imposed” includes suspended sentences. A one-year sentence fully suspended still counts as one year for immigration purposes and can trigger deportation with little relief available. Defense attorneys handling cases for non-citizens often work to keep the sentence under that one-year line.
Employment and Licensing
A felony theft conviction creates real obstacles in fields that depend on trust — finance, healthcare, education, law enforcement, and any role involving access to money or sensitive information. Federal employment is not categorically barred, but agencies weigh criminal history during background investigations, considering the nature of the offense, how long ago it was, and evidence of rehabilitation.11USAJOBS Help Center. Can I Work for the Government if I Have a Criminal Record? Security clearances face a higher bar; a larceny conviction is not automatic disqualification but is a serious negative factor.
Sealing the Record Under the Clean Slate Act
New York’s Clean Slate Act provides automatic sealing for most felony convictions, including Class E felonies like fourth-degree grand larceny. The waiting period is eight years, measured from the end of incarceration or from the sentencing date if no jail or prison time was imposed. You cannot be on probation or parole, and no criminal charges can be pending in New York State. A new conviction during the waiting period resets the clock. Sex offenses and Class A felonies are excluded, but a standard fourth-degree grand larceny conviction qualifies once the waiting period and conditions are met.