Some criminal offenses are clearly felonies, while others are clearly misdemeanors. There are also numerous types of criminal charges that can be either felonies or misdemeanors depending on the circumstances.
Theft is one of those crimes that can lead to felony or misdemeanor charges. A number of aggravating factors, including unlawful entry into a residential property or the possession of a weapon, could increase the severity of the charges an individual faces under New York state law.
When does a property crime become a felony under New York State statutes?
Property value determines the charges brought
The main factor that determines whether a theft offense is a misdemeanor or felony is the value of the property involved. The threshold for felony prosecution in New York is $1,000. Theft offenses involving property worth less than $1,000 usually result in misdemeanor petit larceny charges.
However, once the total value of the asset reaches $1,000 or more, the state can pursue felony grand larceny charges. There are multiple categories of grand larceny, and the penalties imposed increase along with the overall value of the assets involved.
Occasionally, the theft of certain types of protected property can also lead to felony theft charges. People accused of stealing a vehicle, a firearm, a credit card or a debit card could face grand larceny charges. Stealing an ATM or its contents can also lead to felony charges.
Those hoping to fight pending felony theft charges often need help preparing a defense strategy. Learning about New York law can be beneficial for those hoping to prove their innocence at trial.