Larceny can be charged as either a felony or a misdemeanor, and in almost every state the deciding factor is the dollar value of what was taken. Most states set the line somewhere between $1,000 and $1,500. Stay below it and the charge is a misdemeanor, often called petit or petty larceny. Cross it and the charge becomes a felony, commonly called grand larceny. Value is not the only trigger, though: the kind of property, how it was taken, and the defendant’s prior record can turn what looks like a minor theft into a felony on their own.
The Dollar Threshold That Decides It
Every state draws its own line. The lowest sits at $200, the highest at $2,500, and the majority cluster between $1,000 and $1,500. Twenty-two states use $1,000, making it the single most common threshold in the country.
Federal law works the same way. Under the federal larceny statute covering theft within special maritime and territorial jurisdiction, property worth more than $1,000 — or taken directly from another person — is punishable by up to five years in prison. Anything at or below that cap carries a maximum of one year, which places it in misdemeanor range.1GovInfo. 18 U.S. Code 661 – Within Special Maritime and Territorial Jurisdiction
These numbers move. Legislatures raise them for inflation or policy reasons, so a theft that was a felony ten years ago may be a misdemeanor today in the same state. If you are trying to figure out where a specific case falls, look up the current threshold in the state where the theft occurred rather than relying on a general figure.
When a Low-Value Theft Still Becomes a Felony
Dollar amount is the most common trigger, but several other circumstances can push a theft into felony territory even when the property is not worth much.
- Type of property. Stealing firearms, motor vehicles, or certain controlled substances often results in automatic felony charges regardless of market value. Some states extend the same treatment to livestock or agricultural equipment.
- Theft from a person. Pickpocketing or purse-snatching is treated as a felony in most jurisdictions because of the risk of confrontation. The federal statute treats theft from the person the same as theft above $1,000.1GovInfo. 18 U.S. Code 661 – Within Special Maritime and Territorial Jurisdiction
- Criminal history. Many states allow prosecutors to charge a second or third misdemeanor-level theft as a felony when the defendant has prior theft convictions. This catches a lot of people who assumed low-value shoplifting would always stay minor.
- Connection to other crimes. When a theft happens during a burglary, as part of an organized retail theft ring, or alongside fraud, the larceny charge often gets bumped up because of the surrounding conduct.
- Cultural or historical items. Rare artwork or museum artifacts can trigger felony charges even if their market price is below the normal threshold.
Small Thefts That Add Up
Prosecutors do not always have to charge each theft separately. When multiple small thefts are part of a single scheme — an employee skimming $200 a week from the register over several months, for instance — the government can aggregate the amounts into one charge. If the combined total clears the felony threshold, the consolidated charge is a felony.2United States Department of Justice Archives. Criminal Resource Manual 1013 – Aggregation
The thefts have to be connected, usually as part of the same plan, directed at the same victim, or occurring within a defined time window. Random, unrelated thefts from different victims generally cannot be lumped together. A pattern of stealing from one employer or one store over weeks or months is exactly what aggregation is designed to reach.
Penalties If It Is a Misdemeanor
A misdemeanor larceny conviction carries penalties that are real but far less severe than the felony version. Jail time tops out at one year in virtually every jurisdiction, and many first-time offenders serve no jail time at all. Fines vary by state and by the value of the stolen property, but they generally sit in the hundreds to low thousands.
Courts often impose probation instead of or alongside jail, especially for a first offense. Standard probation conditions include regular check-ins, holding steady employment, and sometimes counseling or a theft-awareness program. Community service is common. Judges can also order restitution, meaning you pay the victim back for what was taken or damaged.
The formal sentence is often the smaller problem. Even a misdemeanor theft creates a criminal record that shows up on background checks long after the fine is paid.
Penalties If It Is a Felony
Felony larceny is a different animal. Prison sentences typically run from one to twenty years or more, depending on the value tier and the state. Most states break felony theft into graduated degrees, so stealing $2,000 worth of property carries a lighter sentence than stealing $50,000, which carries a lighter sentence than stealing $1 million. Federal law caps the penalty at five years for theft above $1,000 within federal jurisdiction.1GovInfo. 18 U.S. Code 661 – Within Special Maritime and Territorial Jurisdiction
Fines at the felony level can reach tens of thousands of dollars, and courts frequently order direct restitution to the victim on top of any fine. Aggravating factors like the use of a weapon, the involvement of accomplices, a vulnerable victim, or a residential break-in can push sentences well above the standard range. A prior felony record makes everything worse: repeat felony offenders face mandatory minimum sentences in many states, meaning the judge has no room to impose a lighter punishment even if the circumstances might warrant one.
Consequences That Outlast the Sentence
Jail time ends and fines get paid, but a larceny conviction keeps creating problems for years. The felony version does the most damage, but even a misdemeanor can follow you.
Employment is usually the first place people feel it. Employers can legally consider criminal history, and a conviction for a crime involving dishonesty raises trust questions that hit hardest for jobs involving money, inventory, or sensitive information. Federal guidance tells employers to weigh how relevant the offense actually is to the job, considering its nature, how much time has passed, and the responsibilities involved, rather than imposing blanket bans.3EEOC. Arrest and Conviction Records – Resources for Job Seekers, Workers Many still screen out applicants with theft convictions anyway.
A felony larceny conviction also triggers a federal ban on possessing firearms or ammunition. Under federal law, anyone convicted of a crime punishable by more than one year in prison is prohibited from shipping, transporting, or possessing any firearm.4Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts The ban is permanent unless the conviction is expunged, set aside, or pardoned, and the federal process for restoring firearm rights has been effectively frozen since Congress stopped funding ATF’s ability to process relief applications in 1992.5ATF. Most Frequently Asked Firearms Questions and Answers Misdemeanor larceny generally does not trigger this ban, because its maximum sentence is one year or less.
Immigration consequences are severe for noncitizens, regardless of felony or misdemeanor status. Both grand and petit larceny are classified as crimes involving moral turpitude, which is a ground for inadmissibility and deportability under federal immigration law.6U.S. Department of State. Foreign Affairs Manual – Ineligibility Based on Criminal Activity – INA 212(a)(2) A single petit larceny conviction may qualify for a narrow petty offense exception if it is the only such conviction the person has ever had, the maximum possible sentence was one year or less, and the actual sentence imposed was under six months.7USCIS. Policy Manual Volume 12, Part F, Chapter 5 – Conditional Bars for Acts in Statutory Period A second conviction or a felony-level theft eliminates that exception. Any noncitizen facing a theft charge should talk to an immigration attorney before accepting a plea.
Voting rights are affected by a felony conviction in most of the country, with the details varying widely by state. Misdemeanor larceny has no effect on voting rights anywhere.
Clearing It Later
Expungement or record sealing can eventually remove a larceny conviction from public view, but eligibility depends on the level of the conviction and the state. Misdemeanor larceny is eligible for expungement in most states, typically after a waiting period of one to five years following completion of the sentence, probation, and payment of all fines and restitution.
Felony larceny is harder. Some states allow expungement of lower-level felony theft convictions after a longer waiting period, sometimes ten to fifteen years. Others exclude felonies entirely. The recent trend has been toward broader eligibility, with several states adopting automatic expungement for certain qualifying offenses. Common requirements across states include having no pending cases, completing all terms of the sentence, and staying conviction-free during the waiting period.