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Connecticut General Statutes § 53a-125 - Larceny in the Fourth Degree
Connecticut General Statutes § 53a-125 defines the crime of larceny in the fourth degree. This is one of Connecticut’s lower-level theft offenses, but it can still carry serious consequences, including a criminal record, probation, fines, and possible jail exposure. In many cases, people are surprised to learn that what police describe as a minor theft can still result in a misdemeanor arrest, a court appearance, and long-term professional consequences.
Like other larceny charges in Connecticut, this statute does not apply only to classic shoplifting. A larceny accusation can arise from many different factual situations involving property, services, or mistaken claims of ownership. The key issue is whether the State can prove that someone wrongfully took, obtained, or withheld property from another person with the intent to deprive that person of it or appropriate it to themselves or a third party.
Read the Statute: C.G.S. § 53a-125C.G.S. § 53a-125 — Larceny in the Fourth Degree(a) A person is guilty of larceny in the fourth degree when he commits larceny as defined in section 53a-119 and:
(1) The value of the property or service exceeds five hundred dollars; or
(2) such property, regardless of its nature or value, is taken from the person of another; or
(3) such property, regardless of its nature or value, is a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or
(4) such property, regardless of its nature or value, is obtained by extortion; or
(5) the value of the property or service is fifty dollars or less and the property consists of a motor vehicle or aircraft registration plate, a driver's license, an issued identification card or passport.
(b) Larceny in the fourth degree is a class A misdemeanor.
What the State Must ProveTo convict someone of larceny in the fourth degree, the prosecution first has to prove the underlying elements of larceny under C.G.S. § 53a-119. That generally means the State must prove that the defendant wrongfully took, obtained, or withheld property from an owner with the intent to deprive the owner of the property or to appropriate it.
Then, in addition to the general larceny elements, the State must prove that one of the specific fourth-degree aggravating conditions applies. In most cases, that means the value of the property or service exceeded $500 but is under $1,000. But the statute also covers certain categories of property regardless of value, including property taken directly from another person, public records, extortion-based takings, and certain identifying or registration documents.
That matters because many people assume the case is only about the dollar amount. Under this statute, that is not always true. A very low-value item can still trigger a fourth-degree larceny charge if it falls into one of the protected categories listed in the statute.
Penalty for Larceny in the Fourth DegreeLarceny in the fourth degree is a Class A misdemeanor in Connecticut. A conviction exposes a person to:
- Up to 1 year in jail
- Up to 2 years of probation
- A criminal record
- Fines and court costs
- Possible restitution to the alleged victim
Even where jail is not imposed, the conviction itself can still create serious problems for employment, licensing, professional reputation, and immigration consequences.
How Connecticut Defines LarcenyMany people hear the word “larceny” and think only of stealing merchandise from a store. Connecticut defines larceny much more broadly.
Under C.G.S. § 53a-119, larceny includes conduct such as wrongful taking, embezzlement, false pretenses, obtaining property by false promise, theft of services, receiving stolen property, shoplifting, and other theft-related conduct. That is why a larceny fourth charge can arise in many different contexts—not just retail theft.
Four Examples of Larceny in the Fourth DegreeExample 1: Property Worth More Than $500A person is accused of stealing electronics worth $750 from a retail store. If the State can prove the value exceeded $500 and that the taking was intentional and wrongful, the charge may be larceny in the fourth degree.
Example 2: Property Taken From the Person of AnotherSomeone is accused of taking a wallet directly from another person’s coat pocket in a crowded bar. Even if the wallet contains very little money, the charge may still be fourth-degree larceny because the property was allegedly taken from the person of another.
Example 3: Public Record or Government DocumentA person removes a filed legal record or official public document from a government office without authorization. Even if the document has no conventional cash value, the statute specifically treats this as potential fourth-degree larceny.
Example 4: Conduct That May Not QualifyA person borrows an item during a heated argument and later returns it, and the facts do not show an intent to permanently deprive the owner of the property. In that situation, the central issue may be whether the State can actually prove criminal intent rather than a misunderstanding or temporary dispute over possession.
Common Defense Issues in a 53a-125 CaseThese cases often turn on more than whether the property was physically moved. Common defense issues may include:
- Whether the defendant had the intent to deprive the owner of the property
- Whether the item was actually worth more than $500
- Whether the property was really taken “from the person” of another
- Whether there was consent, mistake, or a misunderstanding
- Whether police relied too heavily on assumptions, store accusations, or incomplete statements
- Whether the alleged conduct fits one of the statute’s specific categories at all
Intent is often the battleground. In many theft cases, the dispute is not over whether property changed hands, but why it did.
AR Program and First-Time OffendersBecause larceny in the fourth degree is a misdemeanor, some first-time offenders may be candidates for the Connecticut Accelerated Rehabilitation program, depending on the facts of the case, prior record, and overall circumstances. AR is a pretrial diversionary program that can, in the right case, lead to dismissal after successful completion.
That does not mean AR is automatic. Eligibility, victim input, prior history, and the surrounding facts all matter. But for the right first offender, avoiding a permanent theft conviction can be critically important.
Related Connecticut ChargesDepending on the facts, a person charged under § 53a-125 may also face or be compared against related offenses, including:
- Larceny in the sixth degree — C.G.S. § 53a-125b
- Larceny in the fifth degree — C.G.S. § 53a-125a
- Larceny in the third degree — C.G.S. § 53a-124
- Robbery offenses, if force or threats are alleged
- Identity theft or fraud-related charges, depending on the property involved
The facts, the property category, and the alleged value often determine which level of larceny the police choose to charge.
Arrested for Larceny in the Fourth Degree in Connecticut?A theft charge that looks minor on paper can still have serious consequences in the real world. Larceny offenses are crimes of dishonesty, and even a misdemeanor conviction can follow someone for years.
If you were arrested for larceny in the fourth degree or any theft-related offense anywhere in Connecticut, contact Allan F. Friedman Criminal Lawyer for a confidential consultation.
203-357-5555 or use our online contact form for prompt attention,
Frequently Asked Questions About C.G.S. § 53a-1251. What Is Larceny in the Fourth Degree in Connecticut?
It is a Class A misdemeanor theft offense under C.G.S. § 53a-125. It usually applies when the State claims the value of the property or services exceeded $500, or where the property falls into one of several protected categories regardless of value.
2. Is Larceny in the Fourth Degree a Felony?
No. Larceny in the fourth degree is a misdemeanor, not a felony. Even so, it is still a criminal charge that can carry jail exposure, probation, restitution, and a damaging record.
3. Does the Property Always Have to Be Worth More Than $500?
No. That is one common way the statute applies, but not the only one. The law also covers property taken from the person of another, public records, extortion-based takings, and certain documents like registration plates, driver’s licenses, issued identification cards, or passports even when the value is low.
4. What Does “Taken From the Person of Another” Mean?
It generally refers to property taken directly from someone’s body, clothing, or immediate possession. That can make the charge more serious even if the item itself is not worth much.
5. Can Someone Be Charged if the Item Was Returned?
Yes. Returning property does not automatically erase a larceny charge. Police and prosecutors often focus on the original intent at the time of the taking, not just what happened later.
6. Is Shoplifting the Same Thing as Larceny in the Fourth Degree?
Sometimes, but not always. Shoplifting can be charged under different degrees of larceny depending on the value of the property and the surrounding facts.
7. Can a Misunderstanding Still Lead to an Arrest?
Absolutely. Many theft arrests happen before police fully understand the context of a dispute. A misunderstanding, consent issue, or ownership disagreement can still lead to criminal charges that later have to be challenged in court.
8. Can First-Time Offenders Get AR on a Fourth-Degree Larceny Case?
Sometimes, yes. Because this is a misdemeanor, a first-time offender may in some cases be eligible for Accelerated Rehabilitation, but that depends on the record, facts, victim position, and overall case circumstances.
9. Why Is a Theft Charge So Serious if It Is Only a Misdemeanor?
Because theft-related charges are considered crimes of dishonesty. Even without jail, they can affect employment, professional licensing, immigration status, and personal reputation.
10. What Should I Do if I Am Charged With Larceny in the Fourth Degree?
You should take the case seriously from the start and speak with a criminal defense lawyer as early as possible. In many cases, the key issues are intent, value, and context—and those issues need to be developed carefully before the case gains momentum against you.
