PL 155.25 · Article 155
Petit Larceny
This offense requires stealing property in the statutory sense of larceny, not merely possessing it. The prosecution must prove beyond a reasonable doubt that the person accused committed that theft.
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Text us immediately · (845) 290-2492Definition under New York law
PL 155.25 · Original statutory wording; excerpts must be read together with the full section.
§ 155.25 Petit larceny. A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense requires stealing property in the statutory sense of larceny, not merely possessing it. The prosecution must prove beyond a reasonable doubt that the person accused committed that theft.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The person accused stole property, with larceny carrying its statutory meaning and requirements rather than meaning mere possession.
- The supplied section states one basis for the offense, not separate alternatives, and states no minimum property value.
- The prosecution must prove every required element beyond a reasonable doubt.
Defenses that commonly apply
- What evidence identifies the person accused as the person who stole the property?
- Do ownership records or communications about permission undermine the allegation of statutory larceny?
- Does the evidence establish the intent required for larceny, rather than merely possession of the property?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
A first petit larceny conviction often resolves without jail, but a theft record follows you into jobs, housing and licensing.
Common questions about your defense
Can possession alone establish petit larceny?
The supplied section requires stealing property, with larceny retaining its statutory meaning. If the evidence shows only possession and does not establish the required theft, that gap may support a defense. The prosecution must prove all required elements beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 155.30 · Class E Felony
PL 165.40 · Class A Misdemeanor
PL 155.35 · Class D Felony
PL 155.40 · Class C Felony
PL 155.42 · Class B Felony
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