White Plains Theft Crime Lawyer

Defending Theft & Larceny Charges in Westchester County

A theft or larceny charge in White Plains carries consequences that reach far beyond the courtroom. Under New York Penal Law Article 155, larceny covers much more than shoplifting. It includes vehicle theft, theft of services, computer data, utilities, and property taken directly from a person. Penalties range from a Class A misdemeanor for petit larceny up to a Class B felony carrying 25 years in prison for grand larceny in the first degree. For non-citizens, a felony conviction can trigger serious immigration consequences. Criminal defense at this level demands an attorney who knows how the other side operates.

Michael J. Borrelli spent his career inside the Westchester County District Attorney’s office, the same office that prosecutes White Plains theft cases today. He knows how prosecutors in this county assess charges, what evidence they rely on, and where cases have weaknesses. That institutional knowledge is the foundation of every defense he builds.

Need a theft crimes attorney in White Plains? Call The Law Offices of Michael J. Borrelli, P.L.L.C. at (914) 928-2766 for a free, confidential consultation, available 24/7, including nights and weekends. Hablamos español.

Inside Knowledge of How White Plains Theft Cases Are Prosecuted

Michael spent 30+ years inside Westchester County’s criminal justice system, including seven years in the Superior Court Trial Division of the Westchester County DA’s Office. He served as Supervisor for three DA branches: New Rochelle, Northern Westchester, and Yorktown. He also trained Assistant District Attorneys across the county on criminal law and prosecution procedure. That background means he understands exactly how charge-level decisions are made and where the prosecution’s case can be challenged.

White Plains theft cases follow a dual-court pathway. Misdemeanor charges, including petit larceny, proceed from arraignment through trial in White Plains City Court. Felony grand larceny charges begin in White Plains City Court as well, but after indictment they transfer to Westchester County Court for prosecution. Before indictment, early defense intervention can affect whether a case resolves as a misdemeanor, a violation, or a dismissal at the local court level. Knowing when and how to move requires familiarity with how the Westchester County DA’s office operates from the inside. The Law Offices of Michael J. Borrelli, P.L.L.C. brings that familiarity directly to your defense.

Michael has tried more than 40 felony criminal trials across Westchester County, covering charges from robbery and burglary to murder and attempted murder. Over his career, he has managed thousands of criminal cases and built working relationships with every police agency and court in the county. He is a member of the Westchester County Bar Association and the New York State Association of Criminal Defense Lawyers.

Understanding New York Theft & Larceny Charges & Penalties

We defend the full range of theft charges brought in White Plains and throughout Westchester County. Here is how New York law grades those charges and what each carries.

Petit Larceny & Grand Larceny

New York Penal Law Article 155 defines larceny by the value of the property taken and the circumstances of the theft. Knowing where your charge falls on that scale is the first step toward understanding your exposure.

Grand larceny degrees and penalties:

• Petit larceny (§ 155.25): Theft of property valued under $1,000; Class A misdemeanor; up to one year in jail
• Grand larceny, 4th degree (§ 155.30): Property exceeds $1,000, or involves a vehicle, credit/debit card, firearm, or theft from a person; Class E felony; up to four years in prison
• Grand larceny, 3rd degree (§ 155.35): Property worth more than $3,000 up to $50,000, or an ATM and its contents; Class D felony; up to seven years in prison
• Grand larceny, 2nd degree (§ 155.40): Property exceeds $50,000, or theft by certain forms of extortion; Class C felony; up to 15 years in prison
• Grand larceny, 1st degree (§ 155.42): Property exceeds $1,000,000; Class B felony; up to 25 years in prison

Even a misdemeanor theft conviction creates a permanent record that surfaces in background checks and employment screenings. The stakes are real at every level of the statute.

Shoplifting

Merchandise under $1,000 is typically charged as petit larceny, a Class A misdemeanor. New York law also permits merchants to pursue civil liability for the retail price of unreturned merchandise up to $1,500, plus a penalty up to $500. When organized retail theft pushes combined merchandise value above $1,000, the charge can be elevated to fourth-degree grand larceny.

Auto Theft

A vehicle valued at $100 or more is typically charged as fourth-degree grand larceny, a Class E felony, with charges escalating as vehicle value increases. Auto theft arrests frequently carry separate traffic violation consequences affecting your license and driving record independent of the criminal charge.

Identity Theft

Identity theft charges in New York are graded by the dollar amount of losses. Third degree (Class A misdemeanor) covers losses under $500, with up to one year in jail and a $1,000 fine. Second degree (Class E felony) applies when losses or benefits obtained exceed $500, carrying up to four years in prison. First degree (Class D felony) covers losses exceeding $2,000, with up to seven years in prison and up to $5,000 in fines.

Credit Card Theft

Using or attempting to use a stolen credit or debit card is a Class E felony carrying up to four years in prison and up to $5,000 in fines. These charges are frequently brought alongside larceny counts from the same arrest, compounding total sentencing exposure.

Burglary & Robbery

Burglary charges arise when someone unlawfully enters another’s premises with intent to commit a crime inside. Third-degree burglary is a Class D felony carrying up to seven years. Aggravating factors such as weapons, injuries, or dwelling status can elevate the charge to second-degree burglary, a Class C violent felony with up to 15 years. Second- and first-degree burglary are classified as violent felonies under New York law.

Robbery under New York Penal Law Article 160 is forcible stealing. It is larceny committed through force or the threat of force. Second-degree robbery is a Class C violent felony; first-degree robbery is a Class B violent felony. Mandatory minimum sentencing considerations apply to both. Robbery charges often arise alongside larceny charges from the same arrest, significantly expanding sentencing exposure.

How a White Plains Theft Defense Actually Works

Every theft charge under New York law turns on one element: the prosecution must prove the defendant intended to permanently deprive the owner of the property. If that intent can’t be proven beyond a reasonable doubt, the charge may fail at its foundation. Building a defense means identifying the weakest point in the prosecution’s theory and applying pressure there.

Michael’s record across more than 40 felony trials, including robbery and burglary charges, reflects what early, experienced intervention can accomplish. His 99% personal court appearance rate means the attorney you hire is the attorney standing next to you at nearly every hearing, not a junior associate.

Common defense strategies in White Plains theft cases include:

• Lack of Intent: If the prosecution can’t establish the defendant meant to permanently deprive the owner, the charge may fail at its foundation.
• Claim of Right: A genuine belief that the property belonged to the defendant can defeat the intent element under New York law.
• Consent: If the owner authorized the taking, no theft occurred.
• Challenging Valuation: The prosecution must prove actual market value at the time of the offense. Depreciation or a contested appraisal can reduce a felony charge to a misdemeanor.
• Suppression of Evidence: Unlawful search and seizure, lack of probable cause, or Miranda violations can remove key evidence from the prosecution’s case.
• Mistaken Identity and Witness Reliability: Surveillance footage and eyewitness accounts in retail and public-space cases are frequently contestable.
• Adjournment in Contemplation of Dismissal (ACD): In eligible cases, an ACD can result in dismissal upon completion of conditions. Early counsel involvement can affect whether this option is available.

Talk to a White Plains Theft Crimes Attorney About Your Situation Today

Theft cases move fast. Decisions made early, including how to respond after an arrest, whether to pursue dismissal or negotiate a reduced charge, and what to preserve or challenge, shape every outcome that follows. The Law Offices of Michael J. Borrelli, P.L.L.C. offers free, confidential consultations 24/7, including nights and weekends. Michael personally attends 99% of client court appearances, so you’re represented by the attorney you hired at nearly every stage.

We serve clients in White Plains and throughout Westchester County, Putnam County, and Rockland County. Hablamos español. 

Call The Law Offices of Michael J. Borrelli, P.L.L.C. at (914) 928-2766 to schedule your free consultation today.