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Queens theft and larceny charges, from a shoplifting DAT to a JFK cargo case.

Larceny in Queens is graded by the dollar value a prosecutor can prove, so a charge that starts as a class A misdemeanor can climb into felony territory, and we contest that number along with everything else from arraignment forward.

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50+ YEARS · CRIMINAL DEFENSEQUEENS CRIMINAL & SUPREME COURT24/7 AVAILABILITY
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SECOND GENERATION, SINCE
PL 155.
PETIT THROUGH FIRST-DEGREE LARCENY
PL 165.40.
STOLEN PROPERTY, FIFTH DEGREE
CSIB.
ORGANIZED RETAIL THEFT, AIRPORT UNIT
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THE BRIEFING · QUEENS THEFT & LARCENY

If you were arrested for theft in Queens, your case is being handled at 125-01 Queens Boulevard in Kew Gardens, where Criminal Court hears the misdemeanors and the Supreme Court, Criminal Term hears the felonies. The Queens District Attorney's Criminal Court Bureau handles more than 10,000 misdemeanor cases a year, larceny among them, and the office's investigators also work organized retail theft and thefts at JFK and LaGuardia. Spodek Law Group P.C. defends shoplifting, petit larceny, grand larceny and stolen property cases here, and when you call 212 300 5196 you start with a risk-free consultation where you can ask us anything you want.

How Queens prosecutors grade a larceny by dollar value.

Penal Law 155.25 makes petit larceny a class A misdemeanor, and the charge becomes grand larceny in the fourth degree, a class E felony under Penal Law 155.30, once the value of the property exceeds $1,000, among other grounds. Above $3,000 it is grand larceny in the third degree, a class D felony, and that degree also covers property taken from an ATM or its contents. Past $50,000 the charge is a class C felony, and when the value exceeds one million dollars it is grand larceny in the first degree, a class B felony. Because every step turns on value, we test how the store, the employer or the complainant arrived at the figure, since a retail price and a replacement estimate can sit far apart.

Shoplifting and stolen property arrests that end with a desk appearance ticket.

Many store arrests in Queens never reach an overnight arraignment. CPL 150.20 directs an officer making a warrantless arrest for an offense other than a class A, B, C or D felony to issue an appearance ticket, subject to the exceptions written into the statute, which means a petit larceny or criminal possession of stolen property in the fifth degree, a class A misdemeanor under Penal Law 165.40, can come with a return date. Desk appearance tickets are heard Monday through Friday, 9:00 a.m. to 4:00 p.m., and the District Attorney runs a Pre-Arraignment Diversion Program for first-time offenders holding one, so the weeks before that date are when we try to steer a first case toward diversion and a sealed record.

JFK cargo, airport contractors and organized retail theft.

Queens is home to JFK and LaGuardia, which the District Attorney's office calls Queens County's airports and describes as magnets for thieves, smugglers and internal conspiracies, and the office keeps an Airport Investigations Unit inside its Crime Strategies and Intelligence Bureau to work those cases with local, state and federal partners. That bureau, formed in 2021, also lists organized retail theft among its priorities. The office has charged JFK contractors with grand larceny, burglary and criminal possession of stolen property over copper wire taken from an airport work site, in a case built with the Port Authority of New York and New Jersey. When an investigation is organized on that scale, we start with the evidence of who had access and what the investigators actually recorded.

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DEEP DIVE · QUEENS CRIMINAL DEFENSE

Where a Queens theft case goes after the arrest.

Every Queens arrest passes through the District Attorney's Intake and Assessments Bureau, which makes the charging decision and prepares the accusatory instrument, and which interviews complainants, witnesses and officers within hours of the arrest. Arraignment follows at Queens Criminal Court, which the court system lists as open for arraignments seven days a week from 9:00 a.m. to 11:00 p.m. A misdemeanor larceny is prosecuted in Criminal Court by the Criminal Court Bureau, which offers eligible low-level defendants diversion programs. A felony larceny is presented to the grand jury by the Grand Jury Bureau and, after indictment, is heard in the Supreme Court, Criminal Term in the Kew Gardens Courthouse and Annex, where the four Felony Trial Bureaus carry felony dockets that include auto thefts and burglaries. Knowing which bureau holds your file tells us who we need to talk to first.

Penalties the Penal Law attaches to each larceny class.

Sentencing exposure follows the class of the top count. A class A misdemeanor such as petit larceny or fifth-degree possession of stolen property carries up to 364 days under Penal Law 70.15. For felonies that are not classed as violent, Penal Law 70.00 sets maximum terms of up to four years for a class E, up to seven for a class D, up to fifteen for a class C and up to twenty-five for a class B, which is why the gap between a $2,900 loss and a $3,100 loss can matter so much to you. Those numbers are statutory ceilings, and the District Attorney's office also offers diversion to eligible low-level defendants, so the real work is building a record early that supports the lowest charge the facts allow and a disposition that protects your job, your license and your future.

Defenses we test in a Queens larceny or stolen property case.

Intent sits at the center of most larceny defenses, so we look first at what the evidence actually shows about what you meant to do, whether that involves a receipt, a store's return policy, a pay dispute with an employer or genuine confusion over who owned an item. Identification comes next, because surveillance footage can be grainy and a store's own security report is written by someone with a stake in the outcome. We review how the police stopped you, what they searched and what you said, and we press for the discovery the prosecution must provide under CPL 245.10 as soon as practicable within the statutory periods. On a stolen property count, the central question is what you knew about where the property came from, and we make the prosecution prove that knowledge with evidence rather than assumption.

Talking to a Queens theft lawyer before your court date.

Our Queens office is at 35-37 36th Street in Astoria, and the courthouse at 125-01 Queens Boulevard is reachable on the E or F train to Union Turnpike. When you call 212 300 5196, an attorney is on call 24/7 and your inquiry is answered within 24 hours, guaranteed. The first conversation is a risk-free consultation where you can ask us anything you want about the charge, the dollar value the complaint alleges, or whether an immigration consequence is attached, since the District Attorney's office has an Immigration Specialist who helps prosecutors frame dispositions that avoid unwanted immigration consequences. We are selective about the cases we take, because we owe loyalty to only you, and if we take yours it is because we believe we can make a positive impact on how it ends.

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YOUR CASE TIMELINE

How we handle Queens theft, larceny & stolen property cases.

01 · TODAY
Risk-free consultation

Call 212 300 5196 or submit the form. You can ask us anything you want, you will hear back within 24 hours, guaranteed, and privilege attaches from the first word.

02 · ARRAIGNMENT
Kew Gardens, 125-01 Queens Blvd

Queens arraignments run seven days a week, 9:00 a.m. to 11:00 p.m. We stand up for release, keep you from talking about the facts, and start the discovery demand.

03 · WEEKS 2-12
Discovery, motions, clocks

We press the DA for discovery under CPL Article 245, track the CPL 30.30 speedy-trial clock, and litigate suppression and dismissal motions from a position of strength.

04 · TRIAL OR RESOLUTION
Your decision, our preparation

Trial-ready on every theft, larceny & stolen property file. You choose the path after hearing every option, and we will already have prepared for each of them.

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Netflix’s Inventing Anna dramatized Todd Spodek’s defense of Anna Delvey, and the same preparation behind that trial, built for media scrutiny, complicated facts and high stakes, goes into theft, larceny & stolen property cases heard in Kew Gardens. Todd has been interviewed by FOX News, the New York Post, Newsweek, and others, and clients hold his cell number.

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Typical firm: a junior associate you meet in the hallway at Kew Gardens, voicemail after hours, and a quick plea offered at the first adjourned date because it keeps the calendar moving.
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KNOWLEDGE KIT

Queens criminal court terms, explained.

Arraignment

Your first court appearance, held in Queens Criminal Court at 125-01 Queens Boulevard, seven days a week from 9:00 a.m. to 11:00 p.m.

DAT

A Desk Appearance Ticket (CPL 150.20). Queens DAT arraignments are heard Monday through Friday, 9:00 a.m. to 4:00 p.m.

Grand jury

Felony cases are presented by the Queens DA's Grand Jury Bureau; an indictment moves the case to the Supreme Court, Criminal Term.

CPL 30.30

The speedy-trial clock: the People must be ready within six months on a felony and ninety days on most A misdemeanors.

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FAQ

Questions about Queens theft, larceny & stolen property cases - ask us anything.

Is shoplifting in Queens a misdemeanor or a felony? 01

That depends on how the case is charged. Shoplifting charged as petit larceny under Penal Law 155.25 is a class A misdemeanor with a maximum of 364 days. If the prosecutor alleges the merchandise was worth more than $1,000, the charge can become grand larceny in the fourth degree, a class E felony, and organized retail theft is a stated priority of the District Attorney's Crime Strategies and Intelligence Bureau. We contest the valuation and look for diversion options before your first court date.

I got a desk appearance ticket for petit larceny. Can the case be sealed? 02

It may be. The Queens District Attorney runs a Pre-Arraignment Diversion Program for first-time offenders with desk appearance tickets, together with its Alternative Sentencing Program, and the office says its low-level diversion typically results in the case being sealed on successful completion. Admission is not automatic, so we contact the office before your return date at 125-01 Queens Boulevard and present the facts and your background as strongly and honestly as we can.

Who prosecutes a theft at JFK Airport? 03

The Queens District Attorney prosecutes airport thefts in state court, as its copper wire case against JFK contractors shows, and its Airport Investigations Unit works with local, state and federal partners. Queens also falls within the Eastern District of New York, whose federal courthouse sits at 225 Cadman Plaza East in Brooklyn. Which system brings a particular case depends on the investigators and the facts, and we handle both. If Port Authority or federal agents contact you, call us before answering their questions.

Where will my Queens case actually be heard? 04

Almost every Queens criminal case runs through one address, 125-01 Queens Boulevard in Kew Gardens, a short walk from the E and F trains at Union Turnpike. Queens Criminal Court handles arraignments and misdemeanors there, and once a case is a felony prosecution it moves to the Supreme Court, Criminal Term, in the same courthouse and annex. Federal cases arising in Queens go to the Eastern District of New York in Brooklyn instead.

How fast can you get involved after an arrest in Queens? 05

Queens Criminal Court runs arraignments seven days a week, from 9:00 a.m. to 11:00 p.m., so the first court appearance often comes within a day of the arrest. Call 212 300 5196 as soon as you know someone is in custody, because the time before arraignment is when statements get taken and when release arguments are prepared, and we would rather be working on both than hearing about them afterward.

Is the consultation really free? 06

Yes. When you reach out to our law firm, you start with an initial risk-free consultation, and you can ask us anything you want about the charge, the court, and what the next few weeks look like. Call 212 300 5196 or use the form on this page, and you will hear back within 24 hours, guaranteed.

Can you get my Queens charges dismissed or reduced? 07

Every outcome depends on the evidence and the facts, and nobody honest can promise a result before reading the file. What we can promise is that our only objective is to get the case against you dismissed or significantly diminished, which means testing the stop, the search, the identification, and the paperwork, and preparing for trial while any negotiation happens. Prior results do not guarantee a similar outcome.

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Arraignment at 125-01 Queens Blvd

All Queens practice areas.

DRUG OFFENSES
Drug crimes & narcotics
Penal Law 220 possession and sale charges arraigned in Kew Gardens, with Queens treatment courts in view.
DWI & DUI
DWI, DWAI & test refusals
VTL 1192 charges arraigned at 125-01 Queens Boulevard, plus refusal penalties and the Queens DWI Court.
ASSAULT & VIOLENCE
Assault & violent crimes
Assault and strangulation charges from arraignment at 125-01 Queens Blvd to a Kew Gardens felony trial part.
GUN & WEAPON CHARGES
Gun & weapon charges
Loaded-firearm and CPW charges in Kew Gardens, where the Queens DA runs dedicated gun and ghost-gun units.
DOMESTIC VIOLENCE
Domestic violence
Mandatory-arrest cases, orders of protection and contempt counts, up to the QIDV part in the Kew Gardens Annex.
SEX OFFENSES
Sex crimes & SORA exposure
Rape, sexual abuse and forcible touching charges in Queens, defended with registration exposure in view.
ROBBERY & BURGLARY
Robbery & burglary
Robbery and burglary felonies in Kew Gardens, from the Felony Trial Bureaus to the DA's career criminal unit.
WHITE COLLAR & FRAUD
White collar & fraud
Identity theft, scheme to defraud, insurance fraud and forgery from the Queens DA fraud bureaus or EDNY.
FEDERAL · EDNY
Federal criminal defense (EDNY)
Queens federal cases are charged by the EDNY U.S. Attorney and heard at 225 Cadman Plaza East in Brooklyn.
DESK APPEARANCE TICKET
Desk appearance tickets
Your DAT return date at 125-01 Queens Boulevard, weekdays 9 to 4, and the DA diversion program that can seal it.
RAISE THE AGE
Juvenile & Raise the Age
Youth Part defense for Queens teens charged as adolescent or juvenile offenders, including Family Court removal.
AIRPORT ARRESTS
JFK & LaGuardia airport arrests
State airport cases go to Kew Gardens, while customs and in-flight weapon cases go federal in the EDNY.
PROSTITUTION CHARGES
Prostitution & trafficking
Prostitution, patronizing and sex trafficking defense in Queens, plus HTIC and vacatur relief for survivors.
PROBATION VIOLATIONS
Probation violations
Declarations of delinquency, CPL 410.70 hearings and the treatment-court conditions Queens judges enforce.
CRIMINAL APPEALS
Criminal appeals & post-conviction
Appeals from Queens convictions to the Appellate Term and Second Department, plus vacatur and sealing motions.
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