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- A plain English embezzlement definition helps explain the concept
- Embezzlement is not a separate named crime in New York
- New York law uses a single larceny definition that covers many theft situations
- Certain larceny definitions matter in embezzlement type allegations
- Charge levels in New York often depend on value and other statutory factors
- Petit larceny is a misdemeanor under New York law
- Grand larceny in the fourth degree is often the first felony level larceny charge
- Grand larceny in the third degree is a higher felony level in New York
- Grand larceny in the second degree is a more serious felony level in New York
- Grand larceny in the first degree is the highest larceny degree under New York law
- Embezzlement cases often involve disputes about authority and intent
- Investigations and court proceedings often follow a standard path in New York
- Common misunderstandings and pitfalls can happen in embezzlement related accusations
- Appeals and other review options depend on the court and the stage
- Sources
Key Facts
- State level: New York does not use a separate “embezzlement” charge in the Penal Law, and the conduct people call embezzlement is generally treated as a form of larceny.
- State level: New York defines larceny as stealing property with intent to “deprive” another of property or to “appropriate” it to oneself or a third person.
- State level: New York law explicitly says “larceny includes” conduct historically known as embezzlement, along with several other theft theories.
- State level: New York’s larceny definitions include broad terms such as “property,” “owner,” “deprive,” and “appropriate,” which often matter in embezzlement-type allegations.
- State level: Petit larceny is classified as a class A misdemeanor in New York.
- State level: Grand larceny in the fourth, third, second, and first degrees are felonies in New York with increasing seriousness, and they are often tied to property value thresholds.
- State level: Criminal cases in New York commonly begin with an arraignment where charges are read and a plea is entered.
- Federal and state: Online, “embezzelment” is a common misspelling of the word embezzlement.
As of February 2026: This article describes New York statutes and court resources available at that time, and legal rules and published materials may change.
A plain English embezzlement definition helps explain the concept
When people use the word embezzlement, they are usually talking about a trust-based form of theft: money or property is placed in someone’s care, and that person allegedly uses it as if it were their own.
This everyday meaning overlaps with New York theft law, but New York organizes these cases under its larceny statutes rather than labeling them as a stand-alone “embezzlement” crime.
Embezzlement is not a separate named crime in New York
In New York, “embezzlement” is treated as one of several ways larceny can occur, because New York law says larceny includes conduct historically known as embezzlement in Penal Law § 155.05.
In other words, a person may hear “embezzlement” in conversation, in workplace discussions, or in news stories, but a New York criminal case is commonly framed using larceny terminology (for example, petit larceny or grand larceny).
New York law uses a single larceny definition that covers many theft situations
New York’s basic larceny definition focuses on an alleged intent to “deprive” another person of property or to “appropriate” it, combined with a “wrongful” taking, obtaining, or withholding of property from an owner, as described in Penal Law § 155.05.
This approach is why the same core larceny definition can cover many fact patterns, including what many people would call embezzlement, theft by trick, and theft by false pretenses.
Certain larceny definitions matter in embezzlement type allegations
New York’s larceny definitions section includes key terms like “property,” “owner,” “deprive,” and “appropriate” in Penal Law § 155.00.
In plain language, these definitions are meant to answer questions such as what kinds of things can be stolen (including money and many other items of value), who counts as the “owner” for larceny purposes (often the person with the better right to possess the property), and what it means to keep or use property in a way the law treats as depriving or appropriating it.
Charge levels in New York often depend on value and other statutory factors
New York larceny charges are grouped into petit larceny (a misdemeanor) and grand larceny (felonies in different degrees), and the degree often depends on the value of the property or other factors named in the statute.
Petit larceny is a misdemeanor under New York law
New York defines petit larceny as when a person “steals property,” and it classifies petit larceny as a class A misdemeanor in Penal Law § 155.25.
Because the statute is brief, the underlying larceny definition in Penal Law § 155.05 is still important for understanding what “steals property” means in this context.
Grand larceny in the fourth degree is often the first felony level larceny charge
One common basis for fourth-degree grand larceny is when the value of the property exceeds $1,000, and the offense is classified as a class E felony under Penal Law § 155.30.
The statute also lists several other situations where fourth-degree grand larceny may apply even when value is not the only issue, which is one reason these cases can be more complex than a simple “dollar amount” question.
Grand larceny in the third degree is a higher felony level in New York
New York defines third-degree grand larceny to include situations where the value of the property exceeds $3,000, and it classifies the offense as a class D felony in Penal Law § 155.35.
Like other larceny statutes, the full section contains additional categories beyond the basic value threshold.
Grand larceny in the second degree is a more serious felony level in New York
Second-degree grand larceny includes situations where the value of the property exceeds $50,000, and it is classified as a class C felony in Penal Law § 155.40.
This statute also covers certain extortion-related situations, and the details can matter because larceny can be charged based on different theories.
Grand larceny in the first degree is the highest larceny degree under New York law
First-degree grand larceny includes situations where the value of the property exceeds $1,000,000, and it is classified as a class B felony in Penal Law § 155.42.
The statute text also reflects that New York has created certain special categories in addition to the basic value threshold.
Embezzlement cases often involve disputes about authority and intent
Many embezzlement-type allegations turn on questions like whether the person had authority to use or move funds, whether records match what happened, and whether the state can prove the required intent described in the larceny statute.
These questions can arise in many settings, including workplaces, nonprofits, and family-run businesses, because money may be handled informally or with limited oversight.
Investigations and court proceedings often follow a standard path in New York
In New York criminal cases, an arraignment is commonly described as the first time a defendant appears in court before a judge, where charges are addressed and a plea is entered.
From there, cases may involve pre-trial proceedings, possible hearings, and either a trial or a resolution without trial, with sentencing occurring after a conviction or guilty plea.
Common misunderstandings and pitfalls can happen in embezzlement related accusations
Appeals and other review options depend on the court and the stage
In New York, the appeal process varies based on the court and the kind of case, and published court resources emphasize that time limits and procedural rules can be strict.
Because appeals are procedural and document-heavy, court rules and official guidance often become especially important in understanding what happens next at a general level.
