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New York Penal Code § 155.35: Grand Larceny in the Third Degree
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Last Updated on: 2nd June 2025, 01:12 am
If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. New York Penal Law Section 155.35 is grand larceny in the third degree , and once the value of stolen property exceeds $3,000 you’ve crossed into felony territory. At Spodek Law Group – we understand that, and take this very seriously. This isn’t some arbitrary number the legislature pulled out of thin air, it’s a threshold that hasn’t kept pace with inflation , which means items that would’ve been misdemeanors decades ago now trigger serious felony charges, and our criminal defense attorneys see this every single day in court.
Think about what $3,000 actually buys in 2024 – a used iPhone, a couple months of rent in most NYC neighborhoods, or even just a high-end power tool from Home Depot, these are items blue collar workers need for their jobs. The threshold hasn’t been adjusted since 2009, when lawmakers bumped it up from $1,000, which means the law is outdated. Prosecutors are charging people with felonies for stealing property that’s worth far less in real purchasing power than when these laws were written, and this impacts working families the hardest. And here’s what makes it worse: retailers know exactly how to price items to maximize criminal charges, they value display models at full retail even if they’re damaged or incomplete, and our NYC criminal lawyers have seen prosecutors use these inflated values to turn misdemeanors into felonies.
From Shopping Bag to Prison Cell
The mechanics of how a shoplifting case transforms into felony larceny charges reveals the aggressive prosecution strategies we see every day in New York courts, and it’s getting worse. Store security systems have evolved into sophisticated evidence-gathering operations ,with high-definition cameras, facial recognition software, and loss prevention officers trained to build criminal cases not just recover merchandise. When you walk into a major retailer in Manhattan or Brooklyn, you’re being recorded from multiple angles, your movements tracked, and if you’re suspected of theft that footage gets preserved and enhanced for prosecution, which becomes the foundation of the case against you.
But here’s where it gets complicated – aggregation is the prosecutor’s favorite tool, and we see this constantly. Let’s say you allegedly stole $500 worth of merchandise on three separate occasions over six months, seems like misdemeanor territory right? Wrong. Under New York’s continuing criminal enterprise theory, those thefts can be combined to hit the $3,000 threshold , transforming what would’ve been three misdemeanors into one felony charge, and suddenly you’re facing years in prison instead of community service. The law allows prosecutors to aggregate thefts from the same victim within any 12-month period. This means pattern shoplifters who think they’re staying under the radar by taking small amounts are actually building a felony case against themselves with each incident, and they don’t even know it. The state doesn’t care if you thought you were being clever by keeping each theft small – they’ll add them all up and hit you with the felony anyway, and our criminal defense attorneys have seen lives destroyed by this tactic.
The Evidence Trail Prosecutors Follow
Modern grand larceny prosecutions rely heavily on digital evidence that most defendants don’t even realize exists, and it’s everywhere. Credit card records show not just what you purchased but what you didn’t purchase – creating a timeline of your presence in stores, which prosecutors use to establish patterns. Cell phone location data places you at the scene , even if you claim you were never there, and this evidence is almost impossible to dispute without experienced criminal defense lawyers. Social media posts showing off expensive items become exhibits A through Z when the DA’s office argues you couldn’t afford those goods legitimately, and we’ve seen this destroy cases.
One client posted photos wearing a $5,000 watch two days after it went missing from a jewelry store where he worked – that Instagram post became the centerpiece of the prosecution’s case, and almost sent him to prison.
Video surveillance has become so ubiquitous that prosecutors often have multiple angles of the same alleged theft, creating a seemingly airtight case. They’ll show the jury synchronized footage from different cameras, creating a narrative that’s hard to dispute, but not impossible. Video evidence has weaknesses our criminal defense attorneys exploit regularly, because we know what to look for. Poor lighting, grainy footage, and assumptions about what actions mean can all be challenged, if you have the right attorney. We’ve won cases where prosecutors claimed video showed our client concealing merchandise , when enhanced analysis revealed they were simply adjusting thier clothing, but it took hiring our own video expert to prove it. The key is having criminal defense lawyers who understand how to deconstruct video evidence frame by frame, and most attorneys don’t have this skill.
Defenses That Actually Work in Court
The most successful defenses in grand larceny cases aren’t what you’d expect. Everyone thinks claiming “I didn’t do it” is the only option, but New York law recognizes several affirmative defenses that can defeat even strong prosecution cases, and we use them all. The claim of right defense applies when you genuinely believed you had a right to the property – like taking back items during a messy divorce or retrieving tools you lent to a former business partner, situations that happen every day. We recently defended a contractor charged with grand larceny in the third degree for removing equipment from a job site, facing four years in prison. The prosecution had video of him loading $8,000 worth of tools into his truck, but we proved he co-owned the equipment with the complainant , and the charges were dismissed completely. Sometimes the simplest explanation is the truth – you thought it was yours because in many ways it actually was, and that’s a complete defense under New York law.
Intent is the cornerstone element prosecutors must prove beyond a reasonable doubt, and it’s harder than they make it seem. Taking property by mistake, even expensive property, isn’t grand larceny if you didn’t intend to steal it, period. Consider the warehouse worker who accidentally ships personal items along with company inventory, or the hotel guest who packs hotel property thinking it was complimentary, these things happen. These aren’t just excuses – they’re legally valid defenses when supported by evidence. The challenge is presenting these defenses in a way judges and juries find credible, which requires experienced criminal defense attorneys who know how to frame the narrative, and that’s what we do best. Joint ownership situations create particularly strong defenses because New York law says you can’t steal your own property , even if someone else also has rights to it, which surprises many clients. We had a case where business partners both claimed ownership of company laptops – the judge threw out the charges because you can’t steal something you partially own, no matter how angry your business partner gets, and this saved our client from a felony conviction.
Sentencing Realities vs. First Offense Myths
The four-year maximum sentence for grand larceny in the third degree sounds terrifying, but the reality of sentencing in New York courts is far more nuanced, and that’s where experienced criminal defense lawyers make all the difference. First-time offenders rarely see the inside of a state prison cell, despite what prosecutors might threaten during plea negotiations to scare you. Judges have discretion to impose probation, conditional discharge, or even unconditional discharge for defendants without prior convictions, but you need an attorney who knows how to argue for these alternatives. However – and this is crucial – having a prior felony conviction triggers mandatory minimum sentences of two to four years, no exceptions. The system is designed to give first-timers a second chance but if you’ve been down this road before the judge’s hands are tied by mandatory minimums that leave little room for mercy, and we see this destroy families. That prior conviction from ten years ago? It still counts, and it transforms your case from “maybe probation” to “definitely prison,” which is why fighting these charges matters so much.
What the District Attorney’s office doesn’t advertise is the collateral consequences that often hurt more than jail time. A grand larceny conviction means you’re a convicted felon for life in New York, there’s no expungement. Professional licenses get revoked from real estate to nursing to commercial driving, careers destroyed overnight. Federal student aid becomes unavailable, crushing educational dreams. Public housing eligibility disappears, leaving families homeless. For non-citizens including green card holders, a grand larceny conviction is considered an aggravated felony under immigration law ,triggering mandatory deportation proceedings with almost no relief available, tearing families apart. We’ve seen clients lose careers they spent decades building over a single conviction, which is why fighting these charges aggressively matters more than just avoiding jail. Your entire future is on the line – your ability to work, where you can live, whether you can stay in this country, everything. These aren’t just legal consequences they’re life consequences that follow you forever, affecting your children and grandchildren.
The Negotiation Game Behind Closed Doors
Real criminal defense happens in conference rooms and chambers, not dramatic courtroom speeches. The DA’s office knows that trials are expensive, time-consuming, and risky – even for cases they think are slam dunks, and this creates opportunity. This creates leverage for skilled criminal defense attorneys who understand how to negotiate, and negotiation is an art form. The first offer is never the best offer, despite what overworked public defenders might tell you because they don’t have time to fight. We routinely see initial plea offers of one to three years in prison get reduced to probation or misdemeanor dispositions through strategic negotiation, saving our clients from becoming felons. The key is understanding what motivates the specific prosecutor and judge assigned to your case, because everyone’s different. Some prosecutors care about their conviction rates, others about clearing their dockets, and the best criminal defense lawyers know how to use these motivations to their client’s advantage, playing chess while others play checkers.
Alternative disposition programs have exploded across New York in recent years, creating off-ramps from traditional prosecution that didn’t exist before. Drug treatment courts, mental health diversion, and restorative justice programs can result in dismissed charges after completion, giving people real second chances. Even defendants with prior convictions may qualify for these programs, depending on the circumstances, which surprises many clients. Judicial diversion under Criminal Procedure Law 216 allows judges to defer sentencing while defendants complete treatment – successfully finishing means the felony conviction gets reduced or dismissed entirely, saving your future. Young adult courts in Brooklyn and Manhattan focus on defendants aged 16-24, recognizing that young people’s brains are still developing and one mistake shouldn’t define their entire future, because it shouldn’t.
The trick is knowing which programs exist, who qualifies, and how to present your client as the ideal candidate ,something that requires criminal defense attorneys deeply embedded in the local court system like we are. Not every lawyer knows about these programs, and even fewer know how to get their clients into them, but we do. We’ve spent years building relationships with program administrators and understanding exactly what they’re looking for in candidates, giving our clients the best shot at these alternatives. It’s not just about knowing the law – it’s about knowing the system, the players, and how to work within it to get results.
Every grand larceny case is different, but they all share one thing – the stakes are too high to leave your defense to chance or an inexperienced attorney. Whether you’re facing aggregated shoplifting charges, employment theft allegations, or complex financial crime accusations, you need criminal defense attorneys who understand both the law and the local court culture, and that’s what sets Spodek Law Group apart. We’ve handled hundreds of grand larceny cases across New York State ,from dismissals to acquittals to alternative dispositions that saved our clients’ futures, and we can help you too. Don’t let a grand larceny charge define the rest of your life – we’re available 24/7 to discuss how we can fight your charges, because your future matters to us.