Theft and larceny are common property crimes, but when the value of the stolen property crosses a certain threshold or specific circumstances apply, these offenses can escalate to felony charges. Felony theft and larceny laws carry serious legal consequences, including prison time, heavy fines, and a permanent criminal record.

This guide provides a detailed overview of what constitutes felony theft and larceny, how they are defined legally, the penalties involved, and how state laws differ across the U.S.

What Is Felony Theft or Felony Larceny?

Felony theft or felony larceny refers to the unlawful taking of someone else’s property with the intent to permanently deprive them of it, when the value or type of property meets certain legal criteria.

While “theft” and “larceny” are often used interchangeably, “larceny” is the older legal term, still used in some states like North Carolina and New York, while others use “theft” to cover all forms of unlawful taking.

To qualify as a felony, the theft generally must involve:

• Property or services over a certain value (typically $500 to $2,500, depending on the state)
• Theft of certain types of property (e.g., vehicles, firearms, or drugs)
• Specific aggravating circumstances, such as repeat offenses, use of force, or theft from vulnerable individuals

Common Types of Felony Theft

1. Grand Theft

Often defined as theft of property over a set monetary value, grand theft is almost always classified as a felony. Examples include stealing high-value electronics, jewelry, or large amounts of cash.

2. Auto Theft

The unauthorized taking or use of a vehicle—commonly referred to as grand theft auto—is a felony in nearly all jurisdictions due to the high value of the property involved.

3. Burglary-Related Theft

If a theft occurs in conjunction with breaking and entering, the charge often escalates to burglary, which is typically a felony offense even if the value of the property stolen is low.

4. Embezzlement

When someone entrusted with managing money or property (like an employee or accountant) steals from their employer, it constitutes felony embezzlement, especially when large sums are involved.

5. Identity Theft

Using another person’s personal information for financial gain can be charged as a felony, especially if large-scale fraud or multiple victims are involved.

Legal Thresholds by State

Each state sets its own value threshold for when theft becomes a felony. For example:

• Texas: Theft becomes a felony when the value exceeds $2,500.
• California: The felony threshold is $950 under Proposition 47, although exceptions apply.
• Florida: Grand theft (felony) starts at $750.
• New York: Grand larceny starts at $1,000 in value.

Additionally, some states classify theft as a felony based on the type of property stolen, regardless of value—such as firearms, livestock, or government property.

Penalties for Felony Theft and Larceny

Felony theft penalties vary by jurisdiction and the degree of the offense, which is often categorized as first-, second-, or third-degree felonies. Typical penalties include:

• Prison Time: Ranges from 1 to 20+ years depending on the severity and degree of the felony.
• Fines: Can range from a few thousand dollars to over $25,000.
• Restitution: Courts often order defendants to repay victims for the value of stolen property.
• Probation or Parole: In some cases, probation may be granted instead of prison for first-time offenders.
• Permanent Criminal Record: A felony conviction can severely limit employment, housing, and voting rights.

Repeat offenders or those with multiple felony charges may face enhanced penalties under “three-strikes” laws in some states.

Defenses Against Felony Theft Charges

If you’re facing felony theft or larceny charges, several legal defenses may apply:

• Lack of Intent: Proving the act was accidental or misunderstood can weaken the prosecution’s case.
• Mistaken Identity: Especially in cases involving surveillance footage or eyewitness testimony.
• Ownership Claims: If the accused had a legitimate belief they owned or had a right to the property.
• Entrapment: If law enforcement improperly induced the theft.
• Insufficient Evidence: The prosecution must prove all elements of the crime beyond a reasonable doubt.

Hiring an experienced criminal defense attorney is essential to exploring these and other potential strategies.

Long-Term Consequences of a Felony Theft Conviction

Beyond legal penalties, a felony conviction for theft or larceny can have lasting effects on your life:

• Employment barriers: Many employers hesitate to hire individuals with theft-related convictions.
• Loss of civil rights: Convicted felons often lose the right to vote, own firearms, or hold certain licenses.
• Social stigma: The perception of being untrustworthy can affect personal and professional relationships.
• Difficulty securing housing: Landlords often run background checks that flag felony records.

In some cases, individuals may be eligible for expungement or record sealing after a set period of good behavior, which can help reduce the long-term impact.

Conclusion

Felony theft and larceny are serious crimes that carry heavy consequences. Whether it involves a high-value item, sensitive property, or a pattern of behavior, a felony charge should never be taken lightly. Understanding the law, your rights, and the potential defenses is critical if you’re facing charges.

If you or someone you know has been accused of felony theft, consult a qualified criminal defense attorney immediately to protect your rights and future.