Grand Larceny Charge: Thresholds, Penalties, and Defenses

A grand larceny charge is a felony theft accusation brought when someone is alleged to have taken another person’s property, intending to keep it permanently, and either the value crossed a dollar threshold set by state law or the item fell into a category the legislature treats as automatically serious. Some states call the same offense grand theft. Either way, a conviction can mean state prison, fines, court-ordered restitution, and consequences that follow you long after the sentence ends.

What the Prosecution Has to Prove

Two elements sit at the center of any larceny case. The prosecution must show that the defendant took someone else’s property without permission, and that they intended to deprive the owner of it permanently. Borrowing, accidental taking, or a genuine belief that the property was yours all cut against that second element.

The “grand” label is what separates a felony from petty larceny (sometimes called petit theft), which is charged as a misdemeanor. The dividing line is almost always a dollar amount, and it varies. Nationally, felony thresholds generally fall between $1,000 and $5,000.¹ A handful of states skip the “grand” and “petty” terminology altogether and instead grade theft by degree or simply label it misdemeanor or felony theft.²

The Dollar Thresholds That Trigger the Charge

Where you are matters enormously. California draws the felony line at $950 under Penal Code Section 487.³ New York’s lowest grand larceny threshold is $1,000.¹ Florida treats theft as a felony once the value exceeds just $300. Pennsylvania’s threshold is $2,000.⁴ Since 2000, at least 37 states have raised their thresholds, often to keep up with inflation.

Property That Triggers Grand Larceny Regardless of Value

Some items carry a felony charge no matter what they would fetch on the open market. Firearms are the clearest example: in both California and New York, taking a gun is grand larceny even if the weapon itself isn’t worth much.¹ New York also applies the rule to credit cards, debit cards, public records, and motor vehicles valued above $100.⁵ California extends it to automobiles and to fish taken from commercial or research operations.

Credit and debit card theft has its own logic. In New York, stealing a card is fourth-degree grand larceny regardless of the balance or whether the card was ever used, and each card counts as a separate offense; expired cards still qualify.⁶ When stolen card information is actually used to make purchases, the total fraudulent charges usually decide whether the case stays a misdemeanor or becomes a felony.

When Small Thefts Add Up

Prosecutors don’t always need a single large theft. Many states let them aggregate the value of multiple smaller thefts from the same victim, or thefts that appear to be part of a continuing scheme, in order to cross the felony threshold.¹ California went further in 2025 legislation, now allowing aggregation across different victims and different counties to reach the $950 felony line.⁷

How States Grade Severity

New York shows how a state can slice grand larceny into escalating levels based on the amount taken. The state uses four degrees, each mapped to a felony class:

Fourth-degree grand larceny covers property worth more than $1,000 or the specific items listed above (firearms, credit cards, motor vehicles, and so on). It is a Class E felony, punishable by up to four years in state prison.⁵
Third-degree covers property over $3,000 and is a Class D felony.⁵
Second-degree covers property over $50,000, or property obtained through certain kinds of extortion, and is a Class C felony.⁸
First-degree covers property over $1,000,000 and is a Class B felony, the state’s most serious larceny charge.⁵

Theft of an ATM or its contents is a separate Class C felony, regardless of the cash inside.

Prison Time and Fines

Sentences depend on the state, the degree of the charge, and the defendant’s prior record.

California treats grand theft as a “wobbler.” Prosecutors can charge it as either a misdemeanor or a felony. A misdemeanor conviction carries up to one year in county jail. A felony conviction can bring 16 months, two years, or three years in state prison, and a fine of up to $10,000.³ Where the case might otherwise be charged as a felony, paying full restitution before sentencing is one of the most effective ways to negotiate a reduction, and a defense attorney can also petition the court under Penal Code Section 17b to have a judge grant the reduction.⁹

Texas shows how sharply penalties can climb with value. Theft of $750 to $2,499 carries up to one year. Theft of $30,000 to $149,999 brings two to ten years. Stealing $300,000 or more can mean five to 99 years or life.³ Pennsylvania follows a similar tiered structure, with penalties reaching 20 years for thefts over $500,000.

Federal charges enter the picture when stolen property crosses state lines. The National Stolen Property Act, 18 U.S.C. §§ 2314 and 2315, makes it a federal crime to transport, sell, or receive stolen goods, money, or securities worth $5,000 or more in interstate or foreign commerce.¹⁰ The penalty is up to ten years in federal prison.¹¹ A lower $500 threshold applies when stolen goods are pledged as loan collateral. For serious credit and debit card fraud, federal prosecutors can bring charges under 18 U.S.C. § 1029, which can carry 15 to 20 years and fines up to $250,000.¹²

Restitution

Judges routinely order defendants to pay restitution to the victim, on top of any prison time or fine. Restitution is meant to be compensatory rather than punitive, so courts look at the victim’s losses, the defendant’s gain from the crime, and the defendant’s ability to pay both now and going forward. Installment plans are common when a lump sum isn’t realistic.¹³

New York caps felony restitution at $15,000 in most circumstances, though a judge can go above the cap when the order is limited to returning the victim’s property or reimbursing medical expenses. A judge who declines to order restitution has to explain the reasoning on the record. The defendant also pays a 5% surcharge on the restitution amount to cover collection costs, which can rise to 10% if administrative expenses run higher.¹⁴

Defenses to a Grand Larceny Charge

Several defenses commonly come up in these cases:

Lack of intent. The defendant didn’t intend to deprive the owner permanently. Borrowing with intent to return, or an accidental taking, cuts at the core of the charge.
Claim of right. The defendant genuinely believed the property was theirs, even if that belief turned out to be wrong.
Consent. The owner voluntarily gave the property to the defendant.
Duress. A third party threatened the defendant with serious harm to force the taking.
Entrapment. Law enforcement induced the defendant to commit a theft they were not otherwise predisposed to commit.³

Giving the property back afterward doesn’t erase the charge if the intent to steal existed at the time of the taking.

How Long Prosecutors Have to File

Most states use their general felony statute of limitations for grand larceny, and those windows commonly run three to six years. New York allows five years for felonies. California allows three. Rhode Island gives prosecutors ten years specifically for larceny, and Texas allows ten years for certain theft offenses.¹⁵ A few states impose no time limit at all on felony prosecutions, including Kentucky, Maryland, and North Carolina, and Mississippi specifically exempts larceny from its general statute of limitations.¹⁶ In many jurisdictions, the clock pauses while a suspect is out of state or in hiding.

What a Conviction Costs Beyond the Sentence

Theft is widely treated as a “crime of moral turpitude,” so a grand larceny conviction tends to show up on background checks and follow a person for years.

Employment and Licensing

Employers are often reluctant to hire people with theft convictions, particularly for jobs involving money or valuable inventory. Federal law bars individuals convicted of certain serious crimes within the past ten years from working as airport security screeners or accessing secure airport areas.¹⁷ Licensing boards for attorneys, brokers, realtors, teachers, and nurses may deny, suspend, or revoke a license after a theft conviction.¹⁸

A conviction isn’t a complete bar to work. The federal Fair Chance to Compete for Jobs Act stops most federal agencies and contractors from asking about criminal history until after a conditional job offer. Employers who hire people with records may qualify for the Work Opportunity Tax Credit and the Federal Bonding Program.¹⁷

Immigration

For noncitizens, the stakes are higher. A theft conviction with a sentence of one year or more counts as an “aggravated felony” under federal immigration law, which generally triggers mandatory deportation and a permanent bar to naturalization.¹⁹ The one-year mark includes suspended sentences, not just time served.²⁰ Theft offenses involving intent to permanently deprive also qualify as crimes involving moral turpitude, which can independently trigger deportation when the conviction happens within five years of admission to the country. Defense attorneys representing noncitizens often try to negotiate sentences of 364 days or less specifically to avoid the aggravated felony line.

Clearing a Grand Larceny Record

Whether a grand larceny conviction can come off your record depends on the state. Full expungement, which removes the record from public access entirely, is rarely available for serious felonies.²¹ Record sealing, which restricts who can see the record without erasing it, is more commonly available.

New York’s Clean Slate Act took effect on November 16, 2024. Eligible felony convictions are automatically sealed eight years after sentencing or release from incarceration, whichever comes later. The person has to have no pending criminal charges and can’t be on probation, parole, or post-release supervision. Most grand larceny convictions qualify; the only felony exclusions are non-drug Class A felonies and sex offenses.²² The court system has until November 16, 2027, to fully roll out automatic sealing.

Virginia will allow grand larceny convictions to be sealed by petition starting July 1, 2026. Petitioners must wait at least ten years after conviction or release, pay all restitution in full, and show that keeping the record public causes or may cause “manifest injustice.” Each person is limited to two successful sealing petitions in a lifetime.²³

1
Cornell Law School. Grand Theft
2
Nolo. Theft and Shoplifting Crimes
3
Justia. Larceny
4
Pew Research. The Effects of Changing Felony Theft Thresholds
5
YPD Crime. Article 155 – Larceny
6
New York Lawyers. Grand Larceny Credit Card
7
Office of the Governor of California. New in 2025: Cracking Down on Retail Theft and Property Crime
8
New York State Senate. Grand Larceny in the Second Degree
9
WK Law. Restitution Key to Getting Misdemeanor Plea Deal in Felony Grand Theft Case
10
Cornell Law School. 18 U.S. Code § 2314
11
Office of the Law Revision Counsel. 18 U.S.C. § 2315
12
FindLaw. Credit Debit Card Fraud
13
Justia. Restitution for Crime Victims
14
New York State Senate. Restitution and Reparation
15
FindLaw. Time Limits for Charges: State Criminal Statutes of Limitations
16
Justia. Criminal Statutes of Limitations 50-State Survey
17
U.S. Equal Employment Opportunity Commission. Arrest and Conviction
18
New York Lawyers. Long-Term Consequences of a New York Theft Conviction
19
Justia. Criminal Grounds for Deportation
20
U.S. Citizenship and Immigration Services. USCIS Policy Manual, Volume 12, Part F, Chapter 4
21
Justia. Expungement and Record Sealing
22
New York State Courts. New York State’s Clean Slate Act
23
Virginia State Crime Commission. Sealing FAQs