Likely Outcomes for a First-Offense Sixth-Degree Larceny Charge

Attorney Answer

A first offense at this dollar amount is the least serious larceny charge Connecticut has, and there is a statutory program that ends in dismissal — accelerated rehabilitation. That program, not judicial sympathy, is what a good outcome here usually looks like.

The charge. Under General Statutes § 53a-125b, larceny in the sixth degree is committed when the value of the property or service is five hundred dollars or less. It is a class C misdemeanor, which carries a term of imprisonment not to exceed three months (§ 53a-36(3)) and a fine not to exceed $500 (§ 53a-42(3)). A theft under $200 sits comfortably inside that degree, so the charge is correctly the lowest one.

The program that matters. General Statutes § 54-56e, "Accelerated pretrial rehabilitation," creates a discretionary pretrial diversion program for defendants charged with crimes or motor vehicle violations "not of a serious nature." The court may grant it to a defendant who it believes will probably not offend in the future, who has no disqualifying prior record, and who states under oath that the program has never been invoked on his behalf — or that ten or more years have passed since the dismissal of a prior misdemeanor-level accelerated rehabilitation. Subsection (c) bars the program for class A and most class B felonies, and no defendant may use it more than twice. Successful completion of the period of supervision results in dismissal of the charges.

Three honest qualifications. Admission is discretionary — the court is not required to grant it, and a prosecutor can object. If there is an identified victim, that victim is entitled to notice and an opportunity to be heard. And using the program now means it is spent for a period of years, which is a real cost if anything else ever happens.

What you can do

1. Go to every court date. A first-offense misdemeanor becomes a warrant and a much worse problem the moment you miss one. 2. Apply for a public defender at your first appearance if you cannot afford a lawyer. Sixth-degree larceny is exactly the kind of case where representation is the difference between a conviction and a dismissal. 3. Ask counsel specifically about accelerated rehabilitation under § 54-56e — whether you are eligible, whether the prosecutor will object, and what conditions the court is likely to impose. 4. Confirm your own record before the oath. The application requires a sworn statement about prior use of the program, and getting that wrong is far more serious than the larceny. 5. If restitution is at issue, be ready to pay it. Making the loss whole early is the most persuasive thing a defendant in a low-value larceny case can do, and courts commonly condition diversion on it. 6. Do not discuss the incident with the store, its loss-prevention staff, or the police. Any explanation you offer becomes evidence. 7. Expect a separate civil demand letter from the retailer asking for money. It is a distinct claim from the criminal case, and paying it does not resolve the charge. Show it to your lawyer before responding.