Robbery and larceny are both theft-related offenses under New York law, and people often use the terms interchangeably. Legally, however, they are very different crimes. The penalties can also be dramatically different. Larceny can range from a misdemeanor to a serious felony, while robbery is always charged as a felony.
Understanding the distinction matters if you or someone you know is facing either charge.
The Short Answer
Larceny involves taking someone else’s property without permission. Robbery involves committing a larceny while using or threatening the immediate use of physical force.
In other words, every robbery involves a larceny, but not every larceny is a robbery. The presence of force or the threat of force is the key distinction between the two offenses.
Larceny: How New York Charges It
Larceny in New York is not a single offense with one fixed penalty. The charge generally depends on the value of the property allegedly taken, along with certain other factors.
- Petit larceny: Property valued at $1,000 or less. This is generally charged as a Class A misdemeanor.
- Grand larceny in the fourth degree: Property valued over $1,000, or certain property regardless of value, such as a credit card or firearm. This is generally a Class E felony.
- Grand larceny in the third degree: Property valued over $3,000. This is generally a Class D felony.
- Grand larceny in the second degree: Property valued over $50,000. This is generally a Class C felony.
- Grand larceny in the first degree: Property valued over $1 million. This is generally a Class B felony.
The value of the property can therefore make a major difference in a larceny case. What might otherwise be a misdemeanor can become a felony based on the value or type of property involved.
Robbery: How New York Charges It
Because robbery involves the use or threatened use of physical force, New York treats it as a felony at every degree. There is no misdemeanor version of robbery.
- Robbery in the third degree: A Class D felony involving forcible theft without additional aggravating circumstances.
- Robbery in the second degree: A Class C felony that can involve circumstances such as acting with another person, causing physical injury, or stealing a motor vehicle.
- Robbery in the first degree: A Class B violent felony and the most serious level of robbery. It generally involves circumstances such as the use or display of a weapon, serious physical injury, or displaying what appears to be a firearm. Depending on the circumstances, it can carry a sentence of up to 25 years.
The specific facts surrounding the alleged use of force, injury, and weapons can therefore have a major impact on the degree of robbery charged.
Two Quick Examples
Larceny example: Someone takes a $500 wallet from a store shelf and leaves without paying. No one is confronted and no force is used. Based on the value alone, this could be charged as petit larceny.
Robbery example: Someone enters a store, displays what appears to be a gun, and demands money from the register. Even if no one is physically injured, the use or threat of force and the apparent weapon can elevate the conduct to robbery, potentially at the first-degree level depending on the specific facts.
Why the Distinction Matters for Your Case
The difference between robbery and larceny can have a major impact on potential jail time, fines, and the long-term consequences of a conviction.
Whether force was actually used or threatened, what the defendant allegedly intended to do, the value and type of property involved, and the specific degree charged are all important issues for the defense to examine early in the case.
A careful review of the evidence can also reveal whether the prosecution can actually prove every element required for a robbery or larceny conviction.
Frequently Asked Questions
Can larceny become robbery if someone is present during the theft?
Not automatically. Simply being near the property owner is not enough to establish robbery. Robbery requires the use or threatened use of physical force. Shoplifting while a clerk is nearby is still larceny unless the circumstances involve the force or threat required for robbery.
Is robbery ever charged as a misdemeanor in New York?
No. Robbery is a felony at every degree in New York. The least serious level, robbery in the third degree, is a Class D felony.
Does the value of stolen property matter in a robbery case?
It generally matters less than it does in a larceny case. Robbery charges are primarily determined by the circumstances surrounding the use or threat of physical force and other aggravating factors, rather than simply the dollar value of the property involved.
Talk to a Saratoga Springs Criminal Defense Attorney
If you’re facing a robbery or larceny charge in New York, the specific facts of your case, including the value involved, whether force was used or threatened, and the degree charged, can significantly affect the outcome.
Contact Ianniello Chauvin, LLP for a free case review. Our attorneys can review the evidence, explain the charges you’re facing, and help build the strongest possible defense.