Theft and larceny
A theft or larceny charge means the prosecution says you took, or kept, property that belonged to someone else, meaning to keep it from them. New York calls it larceny; New Jersey, Florida and Pennsylvania call it theft. In every state, the value and the kind of property largely set how serious the charge is.
What the charge means
Theft charges cover shoplifting, taking from an employer, keeping property that was handed over for another purpose, and much more. Two questions run through almost every case: did you mean to deprive the owner of the property, and what was it worth? The value often decides whether the charge is a misdemeanor or a felony.
Intent is often the real dispute. A misunderstanding about permission or ownership is not the same as theft, and your lawyer will look at the paperwork, messages and video.
Court by court
New York
Larceny is stealing property with intent to deprive another of it or to appropriate it [1]. It includes wrongfully taking, obtaining or withholding property by trick, embezzlement, false pretenses, false promise or extortion, among other ways [2]. The degree of the charge depends on the value and the kind of property.
New Jersey
Theft by unlawful taking is unlawfully taking, or exercising unlawful control over, movable property of another with purpose to deprive the owner of it [3]. The degree depends on the amount involved and the kind of property; for example, theft is a crime of the second degree when the amount involved is $75,000 or more [4].
Florida
Theft is knowingly obtaining or using another's property with intent to deprive the owner of a right or benefit, or to appropriate it. The degree depends on the value and kind of property; for example, it is grand theft in the first degree when the property is valued at $100,000 or more [5].
Pennsylvania
Theft by unlawful taking is unlawfully taking, or exercising unlawful control over, movable property of another with intent to deprive the owner of it [6]. The grade depends on the amount and the kind of property; for example, theft is generally a felony of the third degree when the amount exceeds $2,000 or the property is a car or other motor vehicle [7].
What to do now
- Do not explain anything to the police, store security or your employer. Ask for a lawyer.
- Keep receipts, messages, bank records and anything showing permission or ownership, and give them only to your lawyer.
- Do not contact the complaining witness or the business about the case.
- If you are not a U.S. citizen, tell your lawyer before any plea is discussed. The firm's site myimmigrationplea.com covers what a plea can mean for an immigration case.
If the accusation involves a scheme, false statements or a business, read fraud charges. For the steps ahead in your court, use What happens next or the court pages for New York, New Jersey, Florida and Pennsylvania.
Common questions
Should I offer to pay the money back?
Talk to your lawyer before you offer anything or contact the store, employer or person involved. How and when repayment is raised is a decision to make with your lawyer.
The store wants me to sign a statement. Should I?
Do not sign anything or explain anything to store security or the police without a lawyer. A signed statement is evidence.
Sources
- N.Y. Penal Law § 155.05(1) (rev. 2024-07-26). Current as of November 11, 2026. Official text
- N.Y. Penal Law § 155.05(2)(a), (d), (e) (rev. 2024-07-26). Current as of November 12, 2026. Official text
- N.J.S.A. 2C:20-3(a). Current as of November 12, 2026. Official text
- N.J.S.A. 2C:20-2(b). Current as of November 12, 2026. Official text
- Fla. Stat. § 812.014(1), (2) (2026). Current as of November 12, 2026. Official text
- 18 Pa.C.S. § 3921(a). Current as of November 12, 2026. Official text
- 18 Pa.C.S. § 3903. Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.