Theft Defense Lawyer New York, NY
A theft charge in New York is a serious matter that can affect your freedom, your livelihood, and your future. Law Offices Of SRIS, P.C. represents individuals facing theft allegations in New York County (Manhattan), Kings County (Brooklyn), Queens County, Richmond County (Staten Island), and throughout the New York City metropolitan area. Mr. Sris, a former prosecutor who founded the firm in 1997, leads a practice that handles the full spectrum of theft defense matters—from petit larceny to felony grand larceny charges prosecuted in the New York Supreme Court. The firm’s Of Counsel attorneys bring extensive courtroom familiarity to each matter, challenging the prosecution’s evidence, examining procedural compliance, and working toward outcomes that protect the client’s record and standing in the community. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about a theft charge in New York City. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Theft Defense Means in New York, NY
New York theft law, codified in Article 155 of the New York Penal Law, distinguishes among degrees of larceny based on the nature of the property taken, its value, and the manner in which the offense was committed. At the misdemeanor level, petit larceny covers theft of property valued at or below a statutory threshold set by the legislature. Felony-level grand larceny charges are divided into four degrees, each carrying progressively more significant exposure to incarceration—from Class E felonies for lower-value theft to Class B felonies for theft involving the highest value brackets or specific categories of property such as firearms, credit cards, or property obtained by extortion.
In New York City, theft cases are adjudicated in a two-tier court system. Misdemeanor petit larceny charges are heard in the NYC Criminal Court, which operates in each borough—Manhattan at 100 Centre Street, Brooklyn at 120 Schermerhorn Street, Queens at 125-01 Queens Boulevard in Kew Gardens, and Staten Island at 26 Central Avenue in St. George. Felony grand larceny charges are prosecuted in the New York Supreme Court, Criminal Term, of the respective county. The district attorney’s office in each borough handles prosecution; the Manhattan District Attorney’s Office and the Brooklyn District Attorney’s Office are among the largest in the country. Mr. Sris and the firm’s Of Counsel attorneys are experienced in both forums and understand the distinct procedural expectations, plea-negotiation culture, and judicial calendars of each borough.
New York’s criminal procedure framework provides several mechanisms that can affect the trajectory of a theft case. Adjournment in Contemplation of Dismissal (ACD) may be available for certain first-offense matters, adjourning the case for a period of months; if the defendant remains arrest-free during that time, the charges are dismissed. New York’s 2020 bail-reform legislation eliminated cash bail for many misdemeanor and non-violent felony charges, meaning most theft defendants are released on their own recognizance or with non-monetary conditions while their case is pending. Conditional sealing under New York Criminal Procedure Law § 160.59 may be available for qualifying convictions after a ten-year waiting period. The availability of these mechanisms turns on the specific facts of the case, the defendant’s history, and the charge classification. Each theft matter requires individualized analysis.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Theft Defense Cases
When Law Offices Of SRIS, P.C. Undertakes a theft defense matter in New York, the process begins with a thorough review of the accusatory instrument—the criminal complaint or felony complaint, and, in felony cases, the grand-jury indictment. The firm’s Of Counsel attorneys examine whether the prosecution can establish each element of the charged offense: that the defendant took, obtained, or withheld property; that the property belonged to another; and that the defendant acted with the intent to deprive the owner of the property or to appropriate it. The firm also scrutinizes the valuation evidence supporting the charge, because the dollar amount alleged often determines whether the charge is prosecuted as a misdemeanor or felony and which felony degree applies.
Pretrial motion practice is a central component of theft defense in New York City. The firm evaluates whether suppression of evidence is warranted—for example, where property was recovered through a search or seizure that may not have complied with constitutional standards. The firm also examines the discovery provided by the prosecution under New York’s updated discovery laws, which impose strict timelines on the prosecution to produce witness statements, police reports, body-worn camera footage, and other materials. Where the prosecution fails to meet its discovery obligations, the firm’s Of Counsel attorneys may move for appropriate relief. In plea negotiations, the firm advocates for charge reductions where the evidence or equitable factors support them—seeking, where possible, to resolve a felony grand larceny charge as a misdemeanor, or to obtain a non-criminal disposition. If trial becomes necessary, Mr. Sris and the firm’s Of Counsel attorneys are prepared to present a defense before a jury in the New York Supreme Court or before a judge in the NYC Criminal Court.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. As a former prosecutor, he brings to theft defense cases an understanding of how the prosecution builds its case—how charging decisions are made, how evidence is evaluated, and how the district attorney’s office approaches plea negotiations. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey.
The firm’s Of Counsel attorneys are experienced practitioners who appear in the criminal courts of all five New York City boroughs. Together, Mr. Sris and the firm’s Of Counsel attorneys bring substantial courtroom experience to theft defense matters, drawing on years of handling criminal cases at both the misdemeanor and felony levels. Law Offices Of SRIS, P.C. serves clients from its New York location. Reach the firm at (888) 437-7747 to schedule a consultation about a theft charge.
Frequently Asked Questions
What is the difference between petit larceny and grand larceny in New York?
Petit larceny is a Class A misdemeanor involving theft of property valued at or below the statutory threshold, while grand larceny is a felony involving property above that threshold or specific types of property such as firearms or credit cards. Petit larceny is typically prosecuted in the NYC Criminal Court and carries a maximum sentence of up to a year in jail. Grand larceny is divided into four degrees and is prosecuted in the New York Supreme Court, Criminal Term, where conviction can result in a state prison sentence. The classification turns on the value of the property, the method by which it was taken, and the type of property involved. An experienced defense attorney examines the valuation evidence carefully, because a reduction in the alleged value can change the charge from a felony to a misdemeanor. For legal guidance on your specific charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a petit larceny charge in New York City?
While petit larceny is a misdemeanor, a conviction can create a permanent criminal record, affect employment and housing opportunities, and carry immigration consequences for non-citizen defendants. Even a first-offense shoplifting charge can result in a criminal conviction if not handled properly. An attorney can evaluate whether a diversion program, an Adjournment in Contemplation of Dismissal (ACD), or a reduction to a non-criminal violation is available in your case. Each borough’s district attorney’s office and each judge approaches these cases differently, and familiarity with local practice can be significant. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Can theft charges be dropped in New York?
Theft charges may be dismissed where the prosecution cannot prove each element of the offense beyond a reasonable doubt, where evidence was obtained in violation of the defendant’s constitutional rights, or where the interests of justice—or a negotiated resolution—warrant dismissal. A prosecutor may agree to dismiss charges upon successful completion of an ACD period, upon presentation of exculpatory evidence by defense counsel, or as part of a plea negotiation where the defendant accepts responsibility for a lesser offense. Each case is different. Dismissal is never certain—past results do not guarantee a similar outcome—and depends on the specific facts, the evidence, the defendant’s history, and the position of the prosecuting office. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am arrested for theft in New York City?
If you are arrested for theft, exercise your right to remain silent, ask to speak with an attorney, and do not discuss the facts of the case with law enforcement until you have consulted counsel. After an arrest in New York City, you will be processed—fingerprinted and photographed—and you may be given a Desk Appearance Ticket (DAT) requiring you to return to court on a future date, or you may be held for arraignment. At arraignment, a judge will address bail or release conditions and enter a plea of not guilty. Contacting an attorney as early as possible allows counsel to begin evaluating the accusatory instrument, preserving evidence, and advocating for release conditions. For guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the potential penalties for a felony theft conviction in New York?
Felony theft convictions in New York carry significant consequences including state prison sentences, fines, restitution obligations, and a permanent felony record. The specific sentencing range depends on the degree of grand larceny charged and the defendant’s criminal history. Beyond incarceration, a felony theft conviction can affect professional licensing, employment eligibility, housing applications, and immigration status for non-citizens. New York law provides for conditional sealing of certain convictions after a ten-year waiting period under Criminal Procedure Law § 160.59, but this relief is not automatic—it requires a petition and judicial determination. An attorney can explain the full range of collateral consequences that attach to a theft conviction in New York and work to minimize exposure at every stage of the proceeding. For a consultation about your specific charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does a theft case take in New York City?
The timeline for a theft case in New York City varies significantly based on whether the charge is a misdemeanor or felony, the caseload of the court, the complexity of the evidence, and whether the case resolves by plea or proceeds to trial. Misdemeanor cases in the NYC Criminal Court may be resolved in a matter of weeks or months, while felony cases in the New York Supreme Court often take considerably longer due to grand-jury proceedings, pretrial motion practice, discovery compliance, and trial scheduling. New York’s speedy-trial statute under Criminal Procedure Law § 30.30 imposes time limits on the prosecution to be ready for trial, and defense counsel monitors compliance with those deadlines. Each case follows its own trajectory. For information about the specific timeline in your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
To discuss the details of a theft charge in New York City, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
New York County (Manhattan) Criminal Defense |
Kings County (Brooklyn) Criminal Defense |
Queens County Criminal Defense |
Richmond County (Staten Island) Criminal Defense |
Nassau County (Long Island) Criminal Defense
New York Penal Law Article 155 — Larceny |
New York County Supreme Court — Criminal Term |
New York State Unified Court System
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