New York Penal Law 155.25 is the state’s petit larceny statute. It makes stealing property worth $1,000 or less a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000.1New York State Senate. New York Penal Code 155.25 – Petit Larceny The statute itself is a single sentence — a person is guilty “when he steals property” — but the definitions in the rest of Article 155 do most of the work, and the consequences reach well past the courtroom into your record, your immigration status, and your wallet.
What Prosecutors Have to Prove
To convict you of petit larceny, the prosecution has to establish two things. First, that you wrongfully took, obtained, or withheld someone else’s property. Second, that you did so with the intent to permanently deprive the owner of it, use it as your own, or hold it long enough that most of its value was gone.2New York State Senate. New York Penal Law 155.05 – Larceny; Definition of Larceny
Intent is where cases are won and lost. Forgetting to pay, walking out distracted, or borrowing something you meant to return does not meet the statute. The prosecution has to show your conscious goal was to keep the property or drain its value.3New York State Senate. New York Penal Law 155.00 – Larceny; Definitions of Terms
The statute covers more than shoplifting. A trespassory taking is the classic example, but Article 155 also reaches embezzlement, theft by trick, false pretenses, bad checks, keeping lost or misdelivered property without a reasonable effort to return it, wage theft, and deed theft.2New York State Senate. New York Penal Law 155.05 – Larceny; Definition of Larceny A package delivered to your door by mistake that you decide to keep can qualify.
The $1,000 Line
Petit larceny is the default. It applies whenever the property is worth $1,000 or less and no other aggravating factor is in play. Cross $1,000 and the charge becomes grand larceny in the fourth degree, a Class E felony with much heavier exposure.4New York State Senate. New York Penal Law 155.30 – Grand Larceny in the Fourth Degree
Value is measured by the market price of the property at the time and place of the theft. If there’s no clear market price, the court uses replacement cost within a reasonable time after.5New York State Senate. New York Penal Law 155.20 – Larceny; Value of Stolen Property “Property” is defined broadly. It includes money, physical goods, real estate, computer data and programs, evidence of debt, and even utilities like gas and electricity.3New York State Senate. New York Penal Law 155.00 – Larceny; Definitions of Terms
Sentencing Under 155.25
A Class A misdemeanor is the most serious misdemeanor level New York recognizes. The maximum jail sentence is 364 days, not a full year. That one-day difference is deliberate, and it matters enormously for noncitizens.6New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors
Jail is rarely the outcome for a first offense. Judges can impose probation for two or three years instead.7New York State Senate. New York Penal Law 65.00 – Sentence of Probation Probation means regular reporting and compliance with conditions the court sets; violate them and the judge can still impose the full 364 days.
A lighter option is a conditional discharge. It lasts a year, with no probation officer, but requires you to follow specific court-imposed conditions. If restitution is ordered and unpaid at the end of the year, the court can extend the period by up to two years.8New York State Senate. New York Penal Law 65.05 – Sentence of Conditional Discharge
Adjournment in Contemplation of Dismissal
For many first-time defendants the best possible outcome is not a sentence at all. An adjournment in contemplation of dismissal, or ACD, puts the case on hold. If six months pass without the prosecution moving to restore it, the charge is dismissed automatically.9New York State Senate. New York Criminal Procedure Law 170.55 – Adjournment in Contemplation of Dismissal
An ACD needs the consent of both sides. The court can attach conditions such as community service or a dispute resolution program. What makes it powerful is that a completed ACD ends in a dismissal, not a conviction. That distinction changes what shows up on employment, housing, and immigration background checks. If one is offered, treat the offer seriously.
Fines, Surcharges, and Restitution
The maximum fine is $1,000, paid to the state.10New York State Senate. New York Penal Law 80.05 – Fines for Misdemeanors and Violations If the court finds you gained more than $1,000 from the theft, it can instead fine you up to double that gain.
On top of any fine, every misdemeanor conviction triggers a $175 mandatory surcharge and a $25 crime victim assistance fee — $200 in automatic add-ons that apply even when the judge imposes no fine.11New York State Senate. New York Penal Law 60.35 – Mandatory Surcharge, Sex Offender Registration Fee, DNA Databank Fee, Supplemental Sex Offender Victim Fee and Crime Victim Assistance Fee
Restitution is separate. The court must consider ordering you to repay the victim’s actual loss or return the value of what was taken, based on a specific evidentiary finding.12New York State Senate. New York Penal Law 60.27 – Restitution and Reparation Restitution money goes to the victim, not the state.
Civil Demand Letters From Stores
Shoplifting exposes you to a second, parallel bill. Under New York’s civil recovery law, a merchant can sue or send you a demand letter whether or not you were ever criminally charged. The claim covers the retail price of merchandise not recovered in sellable condition (up to $1,500), plus a penalty of up to five times the retail price or $75, whichever is greater, capped at $500.13New York State Senate. New York General Obligations Law 11-105 – Larceny in Mercantile Establishments
Parents of unemancipated minors face the same liability for their child’s shoplifting, though the court weighs the parent’s actual supervisory role. Anything said in the civil case cannot be used against you in the criminal one, but if a demand letter arrives while charges are pending, talk to a lawyer before responding.
What a Conviction Does to Your Record
A petit larceny conviction stays on your criminal record permanently unless it’s sealed. Because theft is treated as a crime of dishonesty, it can hit especially hard on background checks for jobs handling money, inventory, or positions of trust.
New York’s Clean Slate Act now provides for automatic sealing of misdemeanor convictions three years after sentencing, if you’ve completed any supervision and haven’t picked up new convictions during the wait. Sealing removes the conviction from standard employment and housing background checks, though law enforcement and some licensing agencies can still see it. For anyone who doesn’t qualify for automatic sealing, the older petition-based process under CPL 160.59 remains, with a ten-year waiting period and a two-offense cap.14New York State Senate. New York Criminal Procedure Law 160.59 – Sealing of Certain Convictions
Immigration Consequences for Noncitizens
If you are not a U.S. citizen, the immigration stakes on a petit larceny charge are far bigger than the criminal ones. Theft is generally treated as a crime involving moral turpitude, which can trigger deportation or block future visa and green card applications.
Federal law includes a petty offense exception that can shield a noncitizen with a single such conviction, but only if two conditions are met: the maximum possible sentence for the offense did not exceed one year, and the actual sentence imposed was six months or less.15Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens This is why New York’s 364-day cap exists. By keeping the maximum one day under a full year, the state ensured petit larceny clears the first prong of the exception.6New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors
The protection is narrow. It only applies if petit larceny is your sole crime of moral turpitude, and the sentence you actually receive has to stay at or below six months. Probation is not treated as imprisonment, but a suspended jail sentence over six months can disqualify you even if you never serve it.16U.S. Department of State. 9 FAM 302.3 – Ineligibility Based on Criminal Activity For a noncitizen, the exact sentence negotiated can be the difference between keeping status and facing removal.
Firearm Possession
A petit larceny conviction does not trigger the federal firearm ban. Under 18 U.S.C. § 921(a)(20), state misdemeanors punishable by two years or less are excluded from the definition of disqualifying crimes, and New York’s 364-day maximum sits well inside that safe harbor.17Office of the Law Revision Counsel. 18 USC 921 – Definitions New York does not separately bar firearm possession based on a misdemeanor theft conviction.