Is Embezzlement a Felony in New York? Larceny and Forgery Laws

New York has no separate crime called embezzlement. Penal Law 155.05(2)(a) makes conduct "heretofore defined or known as ... embezzlement" one of the ways a person commits larceny, so embezzlement is charged as petit larceny, a class A misdemeanor, or, generally when the property is worth more than $1,000, as grand larceny, a felony (Penal Law 155.30 to 155.42). Forgery is graded by the kind of document rather than by dollar value, from a class A misdemeanor (Penal Law 170.05) to a class C felony (170.15). For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New York's larceny statute as it applies to embezzlement (Penal Law article 155), defrauding the government and official misconduct (article 195), public corruption and corrupting the government (article 496), falsifying business records (175.05 and 175.10), the forgery and forged-instrument offenses in article 170 (other than the slug offenses in 170.55 and 170.60), issuing a bad check (190.05), the sentence and fine sections that apply to those offenses, and the limitation rules in Criminal Procedure Law 30.10. It does not cover the full larceny table (see New York theft laws), identity theft, scams and victim reporting (see New York scam and fraud laws), federal offenses, or civil lawsuits.

What is embezzlement in New York?

In New York, embezzlement is a form of larceny. The base definition in Penal Law 155.05(1) reads:

"A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof."

Subdivision 2(a) then names embezzlement as one of the ways larceny is committed. Larceny includes a wrongful taking, obtaining or withholding of another's property, with that intent, committed "by conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses."

So an employee, agent, bookkeeper or other person who wrongfully withholds money entrusted to them, with the required intent, is charged with larceny. The charge names the larceny degree (for example, grand larceny in the fourth degree), not embezzlement.

Key terms in Article 155

The definitions in Penal Law 155.00 apply throughout the larceny article:

• Property includes "any money, compensation for labor or services, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value" (155.00(1)).
• Appropriate means "(a) to exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit, or (b) to dispose of the property for the benefit of oneself or a third person" (155.00(4)).

Value is generally "the market value of the property at the time and place of the crime," or, if that cannot be satisfactorily determined, "the cost of replacement of the property within a reasonable time after the crime" (155.20(1)).

How is embezzlement different from larceny in New York?

For charging purposes, it is not a separate crime. Penal Law 155.05 treats embezzlement, larceny by trick, trespassory taking and false pretenses as forms of one offense, and its definition covers property a person "withholds" as well as property a person "takes" or "obtains."

Except where it is an element of the crime that property was taken from the person or obtained by extortion, Penal Law 155.45(1) says a larceny charge "is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of larceny involved." In other words, a larceny charge does not have to say whether the theory is embezzlement or another form of larceny. Section 155.45(2) adds that proof of any conduct constituting larceny under 155.05 supports a larceny charge, other than one charging larceny by extortion.

Penal Law 155.15(1) provides that "in any prosecution for larceny committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated under a claim of right made in good faith."

Is embezzlement a felony in New York?

It depends mainly on the value of the property. Because embezzlement is larceny, the Article 155 degrees control:

• Petit larceny: "A person is guilty of petit larceny when he steals property. Petit larceny is a class A misdemeanor" (155.25). This covers larceny that no grand larceny section reaches, including embezzlement of $1,000 or less where no other grand larceny subdivision applies.
• Grand larceny in the fourth degree: value that "exceeds one thousand dollars," a class E felony (155.30(1)).
• Grand larceny in the third degree: value that "exceeds three thousand dollars," a class D felony (155.35(1)).
• Grand larceny in the second degree: value that "exceeds fifty thousand dollars," a class C felony (155.40(1)).
• Grand larceny in the first degree: value that "exceeds one million dollars," a class B felony (155.42(1)).

Section 155.30 also lists other circumstances, besides value, that make a larceny grand larceny in the fourth degree. Those, and the full larceny table, are on our New York theft laws page.

New York sentence and fine maximums

For felonies, Penal Law 70.00(2) sets the maximum term of an indeterminate sentence:

• Class B felony: the term "shall not exceed twenty-five years."
• Class C felony: "shall not exceed fifteen years."
• Class D felony: "shall not exceed seven years."
• Class E felony: "shall not exceed four years."

For misdemeanors, a class A misdemeanor sentence "shall not exceed three hundred sixty-four days," and a class B misdemeanor sentence "shall not exceed three months" (70.15(1)-(2)).

Fines are capped by Penal Law 80.00 and 80.05. A felony fine may not exceed "the higher of a. five thousand dollars; or b. double the amount of the defendant's gain from the commission of the crime," or up to three times the gain for a crime defined in article 496 (80.00(1)). Section 80.00(2) defines gain as the money or property derived from the crime, "less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed." A class A misdemeanor fine may not exceed $1,000 and a class B misdemeanor fine $500, with an alternative of up to double the defendant's gain (80.05(1), (2) and (5)). The full class table is on our New York felony and misdemeanor classes page.

Public servants and government money

Public money is property under Article 155, so larceny of government funds starts from the same value degrees. Penal Law article 496 then adds offenses aimed at public servants and the people who act with them.

Public corruption (496.06 and 496.07). A public servant who commits petit larceny, a degree of grand larceny or a scheme to defraud (190.60 or 190.65) "through the use of his or her public office," or a person "acting in concert with such public servant" who commits one of those offenses, commits public corruption when "the state or any political subdivision thereof or any governmental instrumentality within the state is the owner of the property" (496.06). When the underlying offense is a class C, D or E felony, "the crime shall be deemed to be one category higher than the specified offense the defendant committed" (496.07). For example, grand larceny in the third degree, a class D felony, becomes a class C felony when it is public corruption.

Corrupting the government (496.02 to 496.05). A person is guilty when, "being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud" the state, a political subdivision or a governmental instrumentality, or to obtain property, actual services or other resources from it by false or fraudulent pretenses, representations or promises, "and thereby wrongfully obtains such property, actual services or other resources." The fourth degree has no value threshold and is a class E felony (496.02). It is a class D felony above $1,000 (496.03), a class C felony above $20,000 (496.04) and a class B felony above $100,000 (496.05).

Two offenses in Penal Law article 195 also apply specifically to public servants.

Defrauding the government (195.20). A public servant or party officer is guilty when he or she "engages in a scheme constituting a systematic ongoing course of conduct" with intent to "defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property, services or other resources from" it "by false or fraudulent pretenses, representations or promises," or with intent to defraud the government "by making use of property, services or resources" of the government "for private business purposes or other compensated non-governmental purposes," and "so obtains property, services or other resources with a value in excess of one thousand dollars." Defrauding the government is a class E felony.

Official misconduct (195.00). A public servant is guilty when, "with intent to obtain a benefit or deprive another person of a benefit," he "commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized," or "knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office." Official misconduct is a class A misdemeanor.

The limitation period for misconduct in public office also runs longer, as the time-limits section below explains.

Falsifying business records

Altered books and records often sit alongside an embezzlement case, and New York treats them as their own crime. Under Penal Law 175.05, a person who, "with intent to defraud," makes or causes "a false entry in the business records of an enterprise," or alters, erases, deletes, removes or destroys a true entry, among other listed acts, commits falsifying business records in the second degree, a class A misdemeanor.

It becomes falsifying business records in the first degree, a class E felony, when the person's "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof" (175.10).

What is forgery in New York?

Forgery is falsely making, completing or altering a written instrument with intent to defraud, deceive or injure another. The definitions in Penal Law 170.00 are broad:

• A written instrument is "any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person" (170.00(1)).
• A person falsely makes a written instrument when he makes or draws a complete or incomplete instrument "which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof" (170.00(4)).
• A forged instrument is "a written instrument which has been falsely made, completed or altered" (170.00(7)).

The three degrees of forgery

New York grades forgery by the type of instrument:

• Forgery in the third degree (170.05): falsely making, completing or altering any written instrument "with intent to defraud, deceive or injure another." Class A misdemeanor.
• Forgery in the second degree (170.10): the same conduct where the instrument is or purports to be, among other listed kinds, "a deed, will, codicil, contract, assignment, commercial instrument, credit card ... or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status," or "a public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant." Class D felony.
• Forgery in the first degree (170.15): the same conduct where the instrument is or purports to be "part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality," or "part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property." Class C felony.

Uttering and possessing a forged instrument

New York calls uttering "criminal possession of a forged instrument." A person commits it when, "with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument." The degree follows the instrument:

• Third degree (170.20): any forged instrument. Class A misdemeanor.
• Second degree (170.25): a forged instrument "of a kind specified in section 170.10." Class D felony.
• First degree (170.30): a forged instrument "of a kind specified in section 170.15." Class C felony.

Under Penal Law 170.27, a person who possesses two or more forged instruments that each purport to be a credit card or debit card "is presumed to possess the same with knowledge that they are forged and with intent to defraud, deceive or injure another."

Penal Law 170.35 states that in a prosecution for criminal possession of a forged instrument, "it is no defense that the defendant forged or participated in the forgery of the instrument in issue; provided that a person may not be convicted of both criminal possession of a forged instrument and forgery with respect to the same instrument."

Forgery devices

Under Penal Law 170.40(1), a person who "makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments" commits criminal possession of forgery devices, a class D felony. Under 170.40(2), the same offense covers a person who, with intent to use it or let another use it for forgery, makes or possesses any device, apparatus, equipment or article "capable of or adaptable to such use."

Other article 170 offenses

Criminal simulation (170.45) covers making or altering an object, with intent to defraud, so that it "appears to have an antiquity, rarity, source or authorship which it does not in fact possess," or knowingly uttering or possessing such an object with intent to defraud. It is a class A misdemeanor.

Article 170 also covers forgery of a vehicle identification number and illegal possession of a vehicle identification number (170.65 and 170.70, each a class E felony), falsely making, completing or altering two or more electronic access devices with intent to defraud, deceive or injure (170.75, a class D felony), and possessing an anti-security item in a store with intent to steal (170.47, a class B misdemeanor).

Is signing someone else's name on a check a crime in New York?

New York's answer runs through the definition of "falsely make." An instrument is falsely made when it purports to be the authentic creation of its ostensible maker or drawer but is not, because that person "is fictitious or because, if real, he did not authorize the making or drawing thereof" (170.00(4)). Doing that "with intent to defraud, deceive or injure another" is at least forgery in the third degree (170.05), and the degree rises if the instrument is one of the kinds listed in 170.10 or 170.15.

If you are dealing with a forged or washed check as the victim, our guide to mail theft and check washing covers reporting and bank steps.

Bad checks

Issuing a bad check is a separate, lower-level offense. Under Penal Law 190.05, "issuing a bad check is a class B misdemeanor," punishable by up to three months (70.15(2)) and a fine of up to $500 (80.05(2)).

New York embezzlement and forgery offenses at a glance

Felony terms are the maximum terms of an indeterminate sentence under Penal Law 70.00(2), and every felony fine is capped at the higher of $5,000 or double the defendant's gain, or up to three times the gain for an article 496 crime (80.00(1)). Misdemeanor terms come from 70.15 and fines from 80.05, which also allows up to double the gain. See New York felony and misdemeanor classes for the full class rules.

How long does New York have to charge embezzlement?

Criminal Procedure Law 30.10(2) sets five years for a felony and two years for a misdemeanor. Subdivision 3 extends those periods in two situations that matter in embezzlement cases:

• Larceny by a fiduciary. "A prosecution for larceny committed by a person in violation of a fiduciary duty may be commenced within one year after the facts constituting such offense are discovered or, in the exercise of reasonable diligence, should have been discovered by the aggrieved party or by a person under a legal duty to represent him who is not himself implicated in the commission of the offense" (30.10(3)(a)).
• Misconduct in public office. A prosecution for an offense involving misconduct in public office by a public servant, "including, without limitation, an offense defined in article four hundred ninety-six of the penal law," may be commenced against the public servant or a person acting in concert "at any time during such public servant's service in such office or within five years after the termination of such service," but the period can never be extended "by more than five years beyond the period otherwise applicable" under subdivision 2 (30.10(3)(b)).

Our New York statute of limitations page covers other offenses.

Upcoming change

Penal Law 70.00 has a revised version of subdivision 1 that takes effect on September 1, 2027. The new text drops a reference to subdivision six; the maximum terms in subdivision 2 that this page relies on stay the same.

Federal law

Federal law also reaches embezzlement from banks and federal programs and wire or mail fraud schemes; the embezzlement and forgery laws hub covers those statutes.

Related pages

• Embezzlement and forgery laws by state
• New York theft laws
• New York felony and misdemeanor classes
• New York scam and fraud laws
• New York statute of limitations

This article is general legal information about New York criminal statutes, not legal advice. For a specific situation, contact a lawyer licensed in New York.

Last updated: 2026-10-17.

Frequently Asked Questions

Is embezzlement a crime in New York?

Yes, as a form of larceny. Penal Law 155.05(2)(a) lists embezzlement as one way of committing larceny, so the charge is petit larceny or a degree of grand larceny.

Is embezzlement a felony in New York?

Generally yes when the property is worth more than $1,000, which is grand larceny in the fourth degree, a class E felony (155.30). Below that it is usually petit larceny, a class A misdemeanor, unless another grand larceny subdivision applies.

What is the penalty for grand larceny in New York?

The maximum term is 4 years for the fourth degree (over $1,000), 7 years for the third degree (over $3,000), 15 years for the second degree (over $50,000) and 25 years for the first degree (over $1,000,000), under Penal Law 70.00(2). Felony fines can reach the higher of $5,000 or double the gain.

Is forgery a felony in New York?

It depends on the instrument. Forgery in the third degree is a class A misdemeanor (170.05); forging a deed, will, contract, commercial instrument, public record or other 170.10 instrument is a class D felony; forging government money, securities or corporate stock is a class C felony (170.15). Each requires intent to defraud, deceive or injure.

What is uttering a forged instrument in New York?

New York calls it criminal possession of a forged instrument: knowingly uttering or possessing a forged instrument with intent to defraud, deceive or injure (170.20 to 170.30). It is graded at the same three levels as forgery.

Can someone be convicted of both forgery and possessing the same forged document in New York?

No. Penal Law 170.35 allows a forger to be prosecuted for criminal possession, but a person may not be convicted of both criminal possession of a forged instrument and forgery with respect to the same instrument.

Is embezzling from the government a separate crime in New York?

Yes, in some cases. When a public servant commits larceny of government-owned property through the use of the office, or a person acts in concert with that public servant, it is public corruption, and a class C, D or E larceny felony is treated as one class higher (496.06, 496.07). A systematic scheme to defraud the government is corrupting the government, a class E to class B felony depending on value (496.02 to 496.05). Article 195 separately makes it defrauding the government, a class E felony, when a public servant or party officer's scheme obtains more than $1,000 (195.20).

How long does New York have to charge embezzlement?

CPL 30.10(2) sets five years for a felony and two years for a misdemeanor. For larceny in violation of a fiduciary duty, 30.10(3)(a) extends that period, allowing a prosecution within one year after the facts are discovered or should have been discovered.