Is Petit Larceny a Felony?
Direct Answer
In the United States, petit larceny, also known as petit theft or shoplifting, is typically a misdemeanor rather than a felony. This type of offense is punishable by law and can have severe consequences, including fines and imprisonment. However, the specific penalties and severity of the crime depend on the jurisdiction and the nature of the offense.
Contents
What is Petit Larceny?
Petit larceny is the theft of goods or merchandise valued at less than a certain threshold, usually around $500 or $1,000, although this can vary significantly between states and jurisdictions. It is often committed in retail settings, such as department stores, convenience stores, or grocery stores, but can also occur in other environments, like homes, businesses, or online marketplaces.
Treatments as a Felony
Despite being generally considered a misdemeanor, petit larceny can be elevated to a felony in certain circumstances:
- Valuation exceedances: In some cases, if the value of the stolen goods exceeds a specific threshold (e.g., $1,500, $2,500, or $5,000), the offense may be treated as a felony.
- Repeat offender: If a person is found guilty of multiple petit larceny offenses within a short period (e.g., within a year or five years), the prosecution may seek to elevate the offense to a felony due to the defendant’s propensity for repeat offenses.
- Use of force: If the defendant used physical force, threatened violence, or engaged in other nefarious behavior during the commission of the offense, this can be grounds for enhanced sentencing, including felony status.
- Commercial grand theft: If the defendant targets multiple stores or large-scale commercial operations, such as a shopping mall, they may be charged with felony petit larceny.
- Online commerce: With the rise of online shopping, some states have enacted laws specifically addressing e-commerce theft, often as a felony offense, given the potential for greater harm to businesses and individuals due to the scale and anonymous nature of online transactions.
- Habitual shoplifting: In some states, if a defendant has a history of repeat shoplifting offenses, this may be considered a serious indicator of criminal intent and punishable as a felony.
- State-specific circumstances: Certain states may impose harsher penalties for certain types of petit larceny, such as burglary (breaking and entering a locked premises), which is typically a felony.
Here are some examples of situations where petit larceny can be treated as a felony:
| Jurisdiction | Valuation Threshold |
|---|---|
| California | $950 (formerly $400, amended in 2016) |
| Florida | $750 |
| Texas | $2,500 (formerly $1,500, amended in 2007) |
| New York | $1,000 |
Criminal Penalties
In general, petty larceny penalties typically include:
- Fine(s)
- Probation or community service
- Counseling or therapy
- Court-ordered restitution for victims
- Possible incarceration in a county jail for up to a year
- Suspension of driver’s license
In contrast, felony petit larceny sentences may involve:
- More severe fines (ranging from thousands to hundreds of thousands of dollars)
- Longer incarceration periods in state prison (up to five years or more)
- Restitution for larger or more numerous victims
- Potential loss of legal privileges, such as gun rights or voting rights
It is essential to recognize that petit larceny can have serious consequences for a person’s life, relationships, and future career opportunities. It’s crucial to seek legal assistance immediately if charged with petty larceny. An experienced criminal defense attorney can help you navigate the legal system, minimize harm to your reputation, and strive for a favorable outcome.
