Larceny & Theft Attorney in Syracuse, NY

A larceny attorney defends you when police say you stole property, from shoplifting to grand larceny. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Depending on the value and the proof, a theft charge may be dismissed, reduced or resolved without a criminal record. Call 315-424-8326 for a free consultation.

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Syracuse Larceny Lawyers Who Used to Prosecute Theft Cases

In New York, the value of the property and how it was taken decide whether you face a misdemeanor or a felony.

New York doesn’t have a crime called “theft.” Stealing is charged as larceny under Penal Law Article 155. The law covers far more than shoplifting. Larceny includes taking property, tricking someone out of it, embezzling it, keeping lost property, writing a bad check, extortion, and, since recent changes, wage theft and deed theft.

The charge you face depends on:

The value. Property worth $1,000 or less is petit larceny, a misdemeanor. Once the value exceeds $1,000, it becomes grand larceny, a felony, and the degree climbs at $3,000, $50,000 and $1 million.
The type of property. Some items make it a felony at any value: a credit or debit card, a firearm, or property taken directly from a person’s body.
How it was taken. Extortion by threats of injury or property damage is a class C felony no matter the amount.

Our larceny lawyers know how these cases are built because they used to build them. Joe Centra spent about three years in the Onondaga County District Attorney’s Economic Fraud & Financial Crime Bureau, prosecuting grand larceny, embezzlement, falsified records and forgery. Steve Cambareri spent nearly nine years as an Onondaga County ADA and handles white-collar cases today, including theft, tax fraud and falsifying business records. Scott A. Brenneck tried felony cases in the Felony Trial Unit. We start where theft cases are won or lost: the value, the intent, and the proof that you were the person who took it.

Charged with larceny or shoplifting in Syracuse? Take these steps now

Don’t explain or apologize.

Not to police, store security, your employer or on social media. “I meant to pay,” “I’ll pay it back” or a written statement for loss prevention can be used to prove intent. (Read: why speaking to police without a lawyer is risky.)

Don’t sign anything from the store or your employer without advice.

That includes admissions, “trespass notices” with confessions, and repayment agreements.

Find your court date and charge.

Your appearance ticket lists the court and the Penal Law section. Missing the date can lead to a warrant.

Save your proof.

Receipts, bank and card records, texts, emails and the names of anyone who was with you. In embezzlement cases, keep any document that shows you were allowed to use the money.

Call a larceny attorney before your first court date.

Early talks with the DA often decide whether a case is reduced, sealed or dismissed. Call 315-424-8326. (See also: what to do after a criminal arrest in Syracuse.)

What's the difference between petit larceny and grand larceny in New York?

The value of the property. Petit larceny is stealing property of any value, and it is a class A misdemeanor under PL §155.25. It becomes grand larceny in the fourth degree, a class E felony, when the value exceeds $1,000, or when the property is a credit or debit card, a firearm, a car worth more than $100, or is taken from a person’s body. Value means market value at the time and place of the theft, not the original price.

How much stolen money is a felony in New York?

More than $1,000. Above that, the felony grows with the amount: over $3,000 is a class D felony, over $50,000 a class C felony, and over $1 million a class B felony. Prosecutors can add up separate thefts when they are part of one plan, so many small amounts can become one felony charge (see the table below).

Is theft the same as robbery or burglary?

No. Larceny is taking property without force. Robbery is stealing by using or threatening force (PL Article 160), and burglary is entering or staying in a building unlawfully to commit a crime (PL Article 140). Both carry much higher penalties. If you are charged with either, see our criminal defense attorney page.

If I pay it back, will the charge go away?

Not automatically. Returning the property or repaying the money is not a legal defense once the larceny is complete. But restitution offered at the right time, through your lawyer, can lead to a reduced charge, an adjournment in contemplation of dismissal (ACD) or a non-jail sentence. Don’t contact the store, your employer or the complaining witness to make a deal yourself.

How Our Theft Defense Lawyers Fight Larceny Charges

The prosecutor must prove you took the property on purpose, meant to keep it from the owner, and that it was worth what they say. We test every step:

Intent. Forgetting to pay, a mix-up at self-checkout or a dispute over who owned something is not larceny. The People must prove intent to steal, not a mistake.

Claim of right. An honest belief that you had a right to the property is a defense under New York law. This matters in business, roommate and family disputes.

The value. The degree often turns on a few dollars over a line. We challenge sticker prices, used-item values and estimates, because the law uses market value.

Adding thefts together. Stores and employers often lump separate incidents into one felony. We test whether they were really one plan, as the aggregation rules require.

Identity and video. Store video is often grainy, partial or missing. We demand the full recording, not the clip loss prevention picked, and challenge shaky identifications.

Your statements. Admissions to store security, a manager or police may be suppressed if they were taken in custody without Miranda warnings

The search. If police searched your bag, car or phone without lawful grounds, we move to suppress what they found

The evidence the DA must share. Video, receipts, bank records, audit reports and witness statements must be turned over on a deadline. Missing evidence can lead to sanctions or dismissal.

Negotiation. When the proof is strong, we use restitution, your record and our prosecution experience to push for an ACD, a violation, or a misdemeanor instead of a felony.

Larceny Penalties in New York

These are the main theft charges, what can trigger each one, and the maximum sentence for a person with no prior felony. Judges can also impose probation, a conditional discharge, community service or restitution.

NY Theft Offense Penalties

Swipe to see all columns →

Charge	Statute	Class	What can trigger it (examples)	Maximum sentence, first offense	Probation possible?
Petit larceny	PL §155.25	A misdemeanor	Stealing property of any value ($1,000 or less), including most shoplifting	Up to 364 days in jail	Yes
Criminal possession of stolen property, 5th degree	PL §165.40	A misdemeanor	Knowingly having stolen property of any value	Up to 364 days in jail	Yes
Grand larceny, 4th degree	PL §155.30	E felony	Value over $1,000; credit or debit card; firearm; car worth over $100; taken from a person; retail goods over $1,000 in one plan	1⅓ to 4 years in prison	Yes, or up to 1 year in jail
Criminal possession of stolen property, 4th degree	PL §165.45	E felony	Stolen property over $1,000; a credit, debit or public benefit card; a firearm; a car over $100	1⅓ to 4 years	Yes, or up to 1 year in jail
Grand larceny, 3rd degree	PL §155.35	D felony	Value over $3,000; an ATM or its contents; retail goods over $3,000 in one plan; deed theft of a commercial property	2⅓ to 7 years	Yes, or up to 1 year in jail
Grand larceny, 2nd degree	PL §155.40	C felony	Value over $50,000; extortion by fear of injury, property damage or abuse of public office; deed theft of a home	5 to 15 years	Yes
Grand larceny, 1st degree	PL §155.42	B felony	Value over $1 million	8⅓ to 25 years	No — prison required

Prison terms for these non-violent felonies are indeterminate (a minimum and a maximum); the ranges shown are the longest allowed for a first felony offense, and the minimum can be as low as one year. For class D and E felonies, a judge may impose a definite jail term of one year or less instead. Felony probation lasts 3 to 5 years, and misdemeanor probation up to 3 years. Fines can reach $5,000 for a felony and $1,000 for a class A misdemeanor, or double the amount gained. Courts usually order restitution of the loss. A prior felony raises the ranges. Sources: PL Article 155, PL Article 165, PL §70.00. This table is general information, not legal advice about your case.

Theft and Larceny Charges We Defend in Syracuse

The charge on your paperwork decides your risk. These are the theft charges we defend most often in Syracuse City Court, the Onondaga County town courts and Onondaga County Court.

Petit larceny

The most common theft charge in Syracuse. It is a class A misdemeanor for property of any value up to $1,000. A petit larceny lawyer can often resolve a first offense without a criminal conviction, through an ACD, a reduction to a non-criminal violation, or a dismissal. No outcome is guaranteed, and an early defense matters.

Grand larceny (fourth through first degree)

Felony theft charges turn on value and the type of property. A grand larceny lawyer looks first at how the value was measured, whether separate incidents were properly added together, and whether the evidence shows intent. The jump from a class E to a class D felony is the difference between $3,000 and $3,001.

Embezzlement and employee theft

Embezzlement is larceny by someone who was trusted with the money or property, like a cashier, bookkeeper, manager or caretaker. These cases usually start with an internal audit, and the employer’s numbers are often wrong or incomplete. An embezzlement lawyer should get the full books, not just the summary the company handed police. Many cases also add falsifying business records charges.

Fraud and white-collar theft

Obtaining property by false pretenses, false promise, bad checks, insurance or benefits fraud, and scheme to defraud are all charged in state court. As a white collar crime lawyer, Steve Cambareri handles tax fraud and falsifying business records cases. When the case involves the mail, wires, a bank or federal benefits, it may be charged in federal court instead; see our federal criminal defense page.

Identity theft and credit card theft

Stealing a credit or debit card is grand larceny in the fourth degree at any value. Using someone else’s personal information to buy things or open accounts is charged as identity theft, from a class A misdemeanor to a class D felony. These cases depend on digital records and who actually used the card or account.

Criminal possession of stolen property

You don’t have to be the person who took the property. Knowingly having stolen property is a crime, a class A misdemeanor at any value and a felony above $1,000 or for cards, guns and cars. The key question is whether you knew it was stolen. Buying something cheap online is not proof by itself.

Retail theft rings and repeat shoplifting

Since 2024, prosecutors can add together retail thefts from different stores when they say the thefts were part of one plan. That can turn several petit larceny incidents into a felony. We challenge whether the incidents were really one scheme.

Larceny by extortion, wage theft and deed theft

Extortion (getting property by threats) is grand larceny at any value. New York now also treats unpaid wages and fraudulent property transfers as larceny. These are complex cases that need early, careful defense.

Got a letter from a store or your employer?

Don’t sign, pay or reply until you’ve talked to a lawyer. Bring the letter and your appearance ticket to a free consultation.

How a Larceny Case Moves Through Syracuse Courts

Where your case is heard depends on where you were arrested and how serious the charge is. Here is the usual path.

Arrest or ticket.

Syracuse Police, the Onondaga County Sheriff’s Office, New York State Police or a town police department makes the arrest. Store loss prevention often detains the person first and calls police.

Appearance ticket or booking.

Most people charged with petit larceny or a class E felony get an appearance ticket and go home. Others are booked at the Onondaga County Justice Center, 555 South State Street. Most larceny charges are not bail-eligible, but there are exceptions.

Arraignment.

A theft charge in the City of Syracuse, including Destiny USA, starts in Syracuse City Court, Criminal Part, 505 South State Street. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga or Baldwinsville start in that town or village court.

Early talks with the DA.

In many cases, this is when restitution and a reduction are first discussed.

Grand jury.

For a felony, the prosecutor must present the case to an Onondaga County grand jury. If you are held in custody, strict time limits apply. You may have the right to testify. Talk to your lawyer first.

Discovery and motions.

The DA must share video, receipts, audits and police reports. We ask the court to suppress illegal evidence and statements at Mapp, Dunaway and Huntley hearings.

Plea, trial or sentencing.

Indicted felonies are heard in Onondaga County Court, 401 Montgomery Street. Misdemeanors stay in City Court or the town court.

Restitution and sealing.

If you are sentenced, restitution is usually part of it. Later, the record may be sealed.

Outside Onondaga County:

Theft arrests in Auburn go to Auburn City Court (Cayuga County). Arrests in the City of Oswego go to Oswego City Court (Oswego County). Felonies in those counties go to Cayuga County Court and Oswego County Court.

Shoplifting Lawyer for Destiny USA and Syracuse-Area Stores

Shoplifting isn’t its own crime in New York. It’s charged as petit larceny, or grand larceny if the value is over $1,000 or several thefts are added together. Many Syracuse shoplifting cases come from Destiny USA and the big retail stores along the area’s main shopping corridors, and most start with store loss prevention, not police.

Store detention.

Stores may hold you for a reasonable time to investigate if they have reasonable grounds. Anything you say or sign during that time can be used against you.

The civil demand letter.

Weeks later, many people get a letter asking for money. Under New York law, a store can seek the retail price of merchandise it didn’t get back in sellable condition (up to $1,500), plus a penalty of up to five times the price or $75, whichever is more, but never more than $500. This is a civil claim. Paying it does not end the criminal case, and not paying it does not create a new crime. Statements you make while trying to settle it can’t be used in the criminal case. Talk to a shoplifting attorney before you pay or reply.

Young people.

If you were 16 to 18 at the time, you may be eligible for youthful offender treatment, which replaces the conviction with a sealed finding. Parents of minors may receive the civil demand letter.

College students.

A shoplifting arrest can also trigger campus discipline at Syracuse University, SUNY Oswego, Le Moyne, OCC or SUNY ESF. See university discipline and Title IX.

First offense.

Many first-time shoplifting cases end in an ACD, a reduction to a violation, or community service. None of these is guaranteed, and a prior record changes the picture.

Collateral Consequences of a Larceny Conviction

If you are convicted, an appeal may still be possible. See our criminal appeals page.

A record that looks like dishonesty.

Employers treat theft convictions more seriously than many other misdemeanors, especially for cash-handling, retail, banking and caregiving jobs.

Banking and finance jobs.

A theft conviction can bar work at an FDIC-insured bank without the agency’s consent.

Professional licenses.

A conviction usually brings a final order of protection that can last for years afterNurses, teachers, real estate agents, insurance agents and others may have to report the conviction or face licensing action. the sentence.

Immigration

Theft is usually treated as a crime involving moral turpitude. A theft conviction with a sentence of one year or more can count as an “aggravated felony”. Talk to us before any plea.Teachers, nurses, coaches, drivers and others may lose or be denied a license or job.

Restitution and civil suits.

A restitution order can be enforced like a civil judgment, and the store or employer may also sue separately.

College students.

Students can face suspension or expulsion in addition to the criminal case. See university discipline and Title IX.

Future sentences.

A grand larceny conviction is a felony that raises the sentence for any later felony.

Sealing.

Dismissed cases are sealed. The Clean Slate Act automatically seals many convictions after a waiting period: 3 years for misdemeanors and 8 years for felonies after sentence or release. You may also apply to seal up to two convictions after 10 years.

MEET THE TEAM

Meet Your Syracuse Theft Lawyers

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. On a theft case, that means lawyers who have read store reports, bank records and audits from the prosecution side, and know where those cases break down.

Joe Centra, Esq.

Attorney

Former ADA, Economic Fraud & Financial Crime Bureau: grand larceny, embezzlement, forgery

Steve Cambareri

Partner

Former ADA; white-collar, theft and DWI defense

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit; burglary, robbery and felony cases

Hon. John V. Centra (Ret.)

Special Counsel

Former ADA; retired Appellate Division justice

Melissa K. Swartz

Attorney

Trial, appeals and post-conviction

Joe Centra, Esq.

Attorney

Former ADA, Economic Fraud & Financial Crime Bureau: grand larceny, embezzlement, forgery

Steve Cambareri

Partner

Former ADA; white-collar, theft and DWI defense

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit; burglary, robbery and felony cases

Hon. John V. Centra (Ret.)

Special Counsel

Former ADA; retired Appellate Division justice

Melissa K. Swartz

Attorney

Trial, appeals and post-conviction

WHY CHOOSE US

Why Hire Former Prosecutors as Your Theft Attorney

A Former Fraud Prosecutor on Your Side

Joe Centra prosecuted grand larceny and embezzlement in the Onondaga County DA's Economic Fraud & Financial Crime Bureau. He knows how these cases are charged, and where they're weak.

We Check the Numbers

The degree of a theft charge can turn on a few dollars. We test the value, the audit and every incident the DA adds together, not just the police report.

Protecting Your Record

For a first offense, our goal is often a result that keeps a conviction off your record. We'll tell you honestly what's realistic.

Free, Confidential Consultation

Call 315-424-8326 or send a message. Bring your appearance ticket and any letter from a store or employer.

AREAS WE SERVE

Theft Crime Lawyer for Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Syracuse Larceny & Theft FAQs

What is the difference between petit larceny and grand larceny in New York?

The value and type of property. Petit larceny is stealing property worth $1,000 or less, a class A misdemeanor under Penal Law §155.25. Grand larceny starts when the value exceeds $1,000, or when the property is a credit card, a firearm or taken from a person. It is a felony, from class E up to class B.

Is shoplifting a felony in New York?

Usually not. Most shoplifting is charged as petit larceny, a class A misdemeanor with up to 364 days in jail. It becomes grand larceny, a felony, when the merchandise is worth more than $1,000. Since 2024, prosecutors can also add together thefts from different stores that were part of one plan.

What happens for a first-time shoplifting or petit larceny charge in Syracuse?

Many first-time cases end without a criminal conviction. Common outcomes include an adjournment in contemplation of dismissal, a reduction to a non-criminal violation, community service or a conditional discharge, often with restitution. Results depend on the value, the evidence and your record. A larceny attorney can tell you which outcomes are realistic in your court.

Do I have to pay a store's civil demand letter?

It’s a civil claim, separate from the criminal case. New York lets a store seek the retail price of unrecovered merchandise plus a penalty of up to $500. Paying it doesn’t end the criminal case, and ignoring it doesn’t create a new crime. Talk to a lawyer before you pay or reply.

What are the degrees of grand larceny in New York?

There are four. Fourth degree (value over $1,000) is a class E felony. Third degree (over $3,000) is a class D felony. Second degree (over $50,000) is a class C felony. First degree (over $1 million) is a class B felony, with up to 25 years in prison. Some property, like a credit card or firearm, is grand larceny at any value.

Can a larceny charge be dropped if I pay the money back?

Paying it back isn’t a legal defense once the theft is complete, and the DA, not the store or employer, decides whether to drop the case. But restitution offered through your lawyer can help get a charge reduced or adjourned in contemplation of dismissal. Don’t contact the complaining witness to make a deal yourself.

Will I go to jail for grand larceny in New York?

Not always. Grand larceny in the third and fourth degree can end in probation or a jail term of a year or less, especially with no record and restitution. Second degree can also end in probation. First-degree grand larceny requires prison. Grand larceny is not a violent felony in New York.

How much does a larceny attorney cost in Syracuse?

It depends on the charge and the work involved. A petit larceny case usually costs less than a grand larceny or embezzlement case that needs audits, hearings or a trial. Ask any lawyer for a clear fee agreement in writing. Cambareri & Brenneck offers a free consultation, so you can learn your options before you decide. Call 315-424-8326

Can a larceny conviction be sealed in New York?

Often, yes. A dismissed case is sealed. The Clean Slate Act automatically seals many convictions three years after sentencing for misdemeanors and eight years after sentencing or release for felonies. Some people can also apply to seal up to two convictions after 10 years. An ACD is dismissed and sealed if you stay out of trouble.

Which court will hear my larceny case in Onondaga County?

It depends on where you were arrested. A theft charge in the City of Syracuse, including Destiny USA, starts in Syracuse City Court. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus or another town start in that town’s court. Felonies move to Onondaga County Court after an indictment. Auburn and Oswego have their own city and county courts.

Reviewed by Joe Centra, former Onondaga County Assistant District Attorney (Economic Fraud & Financial Crime Bureau). Last updated October 2026.

Free Confidential Consultation Larceny attorney

Charged with larceny, theft or shoplifting? Tell us briefly what you’re charged with and when your next court date is. A member of our team will get back to you quickly. You can also call 315-424-8326.

Phone Number

315-424-8326

info@yourcriminaldefense.com

Locations

300 South State Street 1st Floor, Syracuse, NY 13202

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