Theft Defense Lawyer in Schenectady County, NY — Protecting Your Rights
If you are charged with theft in Schenectady County, you need a strong defense. Petit larceny (under $1,000) is a Class A misdemeanor under New York Penal Law § 155.25, carrying up to one year in jail. Law Offices Of SRIS, P.C. has a documented record of handling theft cases.
New York Theft Laws and Penalties
Theft offenses in New York, often called larceny, are defined in the Penal Law. The severity of the charge depends primarily on the value of the property involved. Petit larceny involves property valued at less than $1,000 and is a misdemeanor. Grand larceny involves higher values and is a felony, with degrees ranging from Fourth Degree (Class E felony) to First Degree (Class B felony). Shoplifting is typically charged as petit larceny but can be elevated based on prior convictions or other factors.
Last verified: April 2026 | Schenectady County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of both sides of the courtroom to every theft defense case in Schenectady.
Official Legal Resources
For the official text of New York’s larceny statutes, refer to the New York Penal Law (PEN) Article 155 on the state legislature’s website. For local court procedures and information, visit the Schenectady County Supreme Court website.
Local Theft Defense Strategy in Schenectady County
Schenectady County Criminal Court handles misdemeanor theft cases, while felony grand larceny charges are heard in Supreme Court Criminal Term. New York’s 2020 bail reform means most defendants charged with non-violent theft offenses are released on their own recognizance, allowing you to prepare your defense from home. An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for first-time petit larceny charges, resulting in dismissal after a probationary period.
If you are charged with theft in Schenectady, here is a general overview of the local court process:
- Arraignment: You will be formally charged and enter a plea (not guilty, guilty, or no contest) in Schenectady County Criminal Court.
- Discovery & Investigation: Your theft defense attorney Schenectady NY will obtain all evidence from the prosecution and conduct an independent investigation.
- Negotiation: Your attorney will negotiate with the District Attorney’s office to seek a reduction or dismissal of charges.
- Pre-Trial Motions: If necessary, your attorney may file motions to suppress illegally obtained evidence or dismiss the case.
- Trial or Resolution: The case will either proceed to a bench or jury trial or be resolved through a negotiated plea agreement.
- Sentencing or Sealing: If convicted, your attorney will advocate for minimal penalties. For eligible convictions, they can later petition for record sealing under CPL § 160.59.
Potential Penalties for Theft in New York
In Schenectady County, theft penalties range from up to one year in jail for a misdemeanor to many years in state prison for a felony, plus fines, restitution, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Petit Larceny (Under $1,000) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None | Restitution, criminal record |
| Grand Larceny 4th ($1,000-$3,000) | Class E Felony | 1-4 years (probation eligible) | Up to $5,000 or double gain | None | Restitution, felony record |
| Grand Larceny 3rd ($3,000-$50,000) | Class D Felony | 2-7 years | Up to $5,000 or double gain | None | Restitution, felony record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Theft Defense Law Firm Schenectady NY
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have handled thousands of criminal cases with a focus on achieving favorable outcomes. Our founder, Mr. Sris, is a former prosecutor who understands how the other side builds a case. This insight is critical for developing an effective defense strategy for theft charges in Schenectady County courts.
Our Approach to Theft Defense Cases
Our theft defense law firm Schenectady NY takes a detailed, evidence-based approach. We scrutinize police reports, witness statements, and surveillance footage. Common defenses include lack of intent, mistaken identity, ownership disputes, or unlawful search and seizure. We work to have evidence suppressed or charges reduced, often aiming for an ACD or a violation-level disposition to avoid a criminal conviction.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Schenectady Theft Defense Lawyer
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 348-1900
By appointment only.
Our New York location serves clients in Schenectady County, including Schenectady, Niskayuna, Rotterdam, Scotia, Duanesburg, and Glenville. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions: Theft Charges in Schenectady
What is the difference between petit larceny and grand larceny in New York?
The key difference is the value of the property. Petit larceny involves property valued under $1,000 and is a misdemeanor. Grand larceny involves property valued at $1,000 or more and is a felony, with the degree (4th, 3rd, 2nd, 1st) increasing with the value.
Can a theft charge be dismissed in Schenectady County?
Yes, it is possible. For many first-time petit larceny offenses, an Adjournment in Contemplation of Dismissal (ACD) is available. If you comply with the terms for 6 to 12 months, the case is dismissed and sealed. An experienced theft defense lawyer Schenectady NY can advocate for this outcome.
What should I do if I am arrested for shoplifting?
Remain calm and polite. Do not make any statements to store security or police beyond identifying yourself. Invoke your right to remain silent and your right to an attorney. Contact a theft defense attorney immediately. Do not sign anything or agree to pay civil demands without first consulting your lawyer.
Can I seal a theft conviction on my record?
It depends on the level of the conviction and your criminal history. Most misdemeanor convictions are eligible for sealing 10 years after sentencing under CPL § 160.59, provided you have no more than two total convictions (one can be a felony) and have not been convicted of an excluded offense. A theft defense attorney can evaluate your eligibility.
What are the long-term consequences of a theft conviction?
A conviction can impact employment, professional licensing, housing applications, and educational opportunities. It creates a permanent criminal record unless sealed. Felony convictions carry more severe collateral consequences, including potential loss of voting rights and restrictions on firearm possession.
Related Legal Information
If you are facing theft charges, you may also want to learn about criminal defense in New York. For charges in nearby areas, see our pages for a criminal defense lawyer in Manhattan or a criminal defense lawyer in Nassau County. For other legal needs in Schenectady, consider a family law lawyer or an immigration lawyer.
Page last verified: 2026-04. Laws and procedures change. For the most current advice regarding your theft charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.