What Is Petty Larceny?

Petty larceny, also known as petit larceny or petty theft, is a minor criminal offense. It’s closely related to other theft crimes, such as shoplifting and pickpocketing. While it’s not as serious a crime as burglary or grand larceny, a person fighting petty larceny charges can still face criminal penalties.

If you are dealing with a petit larceny charge, you should familiarize yourself with the elements of the crime and the possible penalties. This article explains the basics of petty larceny and discusses the penalties and defenses to petty theft.

If you’re facing criminal charges for taking the property of another, consider contacting a local criminal defense attorney. They’ll work hard to protect your rights and pursue an acquittal or a favorable plea bargain.

Legal Definition of Petty Larceny

Every state has its own set of criminal statutes for offenses such as theft, petty larceny, and other related crimes. However, all of these laws are based on an accepted legal definition of petty larceny.

In general, petty larceny is:

• The taking of property from another person
• Without permission
• With intent to permanently deprive the owner of their property

What makes petty larceny unique is that the value of the stolen items is relatively low. Some states categorize the theft of something worth less than $500 as petty theft. Others have a much higher threshold, such as $1,000 or $2,500.

For example, under New York law, petty larceny is the taking of another person’s property where the value of the property is less than $1,000. The penalty for this crime in New York is a jail sentence of up to one year, fines of up to $1,000, and possible probation.

How Serious Is a Petty Larceny Charge?

Each state classifies the crime of petty larceny differently. New York classifies this crime as a Class A misdemeanor. Under Virginia law, petty larceny is a Class 1 misdemeanor, carrying a penalty of up to 12 months in jail and fines of up to $2,500.

Since petty larceny is a misdemeanor, it’s much less serious than felony drug crimes or a sex crime. That doesn’t mean it won’t impact your life. A conviction for petty theft, such as a shoplifting charge, will still show up on your criminal record. It can hurt your chances for employment and certain education programs.

Petty Larceny vs. Grand Larceny Charges

Petty larceny and grand larceny are both theft crimes. However, grand theft is much more serious than petty theft. The primary differences between these two offenses are the defendant’s intent and the value of the stolen property.

The essential differences between petty and grand larceny are:

• Petty larceny is a misdemeanor, whereas grand larceny is a felony crime
• The value of the stolen property is much higher with grand larceny
• The penalties for grand larceny are much more severe than those for petit larceny

Given the disparity in penalties for these crimes, it is essential to understand the differences. If you’re facing petty larceny charges, you may end up with a suspended jail sentence and fines. If the state convicts you of grand larceny, such as the theft of a motor vehicle, expect a much longer jail term and heftier fines.

How Long Will a Petty Larceny Conviction Stay on Your Criminal Record?

A misdemeanor charge and conviction will stay on your criminal record indefinitely if you don’t ask the court to expunge or seal the record. Even though petty larceny is a misdemeanor, having a petty theft conviction on your criminal history can still impact your life in a variety of ways.

Some of the ramifications of having a conviction for petty larceny on your record include:

• Problems finding employment
• Entry into certain educational programs
• Inability to obtain certain professional licenses
• Ability to adopt a child
• Housing issues
• Trouble getting credit

Given the effect it can have on your life, it’s a good idea to consider hiring an experienced criminal defense attorney to help fight the charges.

Can You Expunge a Criminal Conviction for Theft?

Whether you can expunge a conviction for petty larceny depends on several factors. First and foremost, you must check your jurisdiction’s rules on expunging or sealing a criminal record. Other factors can impact your chances of having a charge for petty theft removed from your criminal history.

Some of the other requirements for expungement include:

• You must have completed your sentence
• You must pay all fines and criminal restitution
• You cannot have any pending criminal charges

When deciding whether to approve your request for an expungement, the judge will also consider your overall criminal record. This includes any charges or convictions in the years leading up to your request.

Defenses to Petit Larceny

When you meet with a criminal defense lawyer, they’ll review your case and look at the prosecution’s evidence. The burden is on the prosecution to prove guilt beyond a reasonable doubt.

If the facts warrant it, your criminal defense attorney may raise an affirmative defense. Some of the available defenses to the crime of petty theft can include:

• Lack of intent: If you didn’t intend to permanently deprive the property owner of the items, it may not constitute larceny
• Property ownership: You can argue that the property belongs to you and that you did not steal it from anybody
• Value of the stolen property: If the state charges you with felony theft, you can challenge the value of the property you allegedly stole

This is not an exhaustive list. Possible defenses will depend on the details of your particular situation.

Seek Legal Advice From an Experienced Criminal Defense Lawyer

If you’re facing petty larceny charges, it’s a good idea to reach out to a skilled criminal defense attorney right away. Things move quickly after your arrest, and this isn’t something you should handle on your own. An experienced attorney can help protect your rights and find the best possible resolution for your case.