Criminal Defense Lawyers

larceny

The Ins and Outs of Larceny Charges

Larceny can seem like a scary term, but it’s basically just a fancy word for theft. Getting charged with larceny can happen more easily than you might think, but there are defenses that can help get the charges reduced or even dismissed. This article will break down the basics of larceny charges—what they are, what the penalties are, and how a skilled defense attorney can help.

What Exactly is Larceny?

Larceny is legally defined as the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of it. In plain English, it means stealing someone else’s stuff. Larceny charges can cover everything from shoplifting a candy bar to stealing someone’s car. It all comes down to taking someone else’s property without permission.There are a few key elements that make up a larceny charge:

• Personal property – This means things like a car, jewelry, electronics, money, clothing, etc. Real property like land or houses don’t count.
• Taking – Physically removing the property, even if it’s just a few feet away from its original location.
• Carrying away – Moving the property from where it was taken with the intent to steal it. Even moving it a small distance can count.
• Intent to permanently deprive – Planning to permanently keep the property from its rightful owner. If you meant to return it later, it may not be larceny.
• Without consent – Taking the property without the owner’s permission. If the owner gave you permission to take their property, it is not larceny.

If all those elements are present, it can lead to a larceny charge. The details may vary, but those key factors make the foundation of any larceny case.

What Are the Different Types of Larceny?

There are a few specific types of larceny charges that depend on what was stolen and how:

• Petit Larceny – Stealing property worth less than $1,000. This includes minor shoplifting and pickpocketing.
• Grand Larceny – Stealing property worth more than $1,000. Includes stealing cars, robbery, and embezzlement.
• Shoplifting – Specifically stealing merchandise from a store. Most shoplifting cases fall under petit larceny.
• Auto Theft – Stealing a motor vehicle, including cars, trucks, motorcycles, ATVs, etc. Charged as grand larceny.

The value of the property stolen determines if it is petit or grand larceny in most states. Shoplifting and auto theft are common specialized categories with specific laws related to them in some states.

What Are the Penalties for Larceny Convictions?

The penalties for a larceny conviction mostly depend on the specific type of larceny charged:

Petit Larceny Penalties

• Up to 1 year in jail
• Fines up to $2,500
• Probation

Grand Larceny Penalties

• 1-5 years (or more) in state prison
• Fines up to $10,000 or more
• Probation with possible jail time

Shoplifting Penalties

• Fines and civil demand letters
• Probation and community service
• Up to 1 year jail for higher-value shoplifting

Auto Theft Penalties

• 1-7+ years in prison
• Thousands in fines
• Probation with possible jail time

As you can see, petit larceny cases tend to lead lighter penalties since less valuable property is involved. Grand larceny, shoplifting, and auto theft can all potentially lead to years in prison though, especially if the defendant has prior convictions.

Are There Defenses Against Larceny Charges?

Yes, several viable legal defenses exist that a skilled criminal defense lawyer can use to defend against larceny charges, such as:

• False accusations – If there is little evidence you committed the theft, an attorney can argue mistaken identity or false accusations.
• Borrowing the property – If you had permission to borrow the property, it may not meet the legal definition of larceny.
• Believing you owned the property – If you had a good faith belief the property was yours, you may not have intended to deprive the owner.
• Returning the property – If you returned the property before charges were filed, it shows you didn’t intend to permanently deprive the owner.
• Mental illness – Diminished mental capacity could negate the intent required for a larceny conviction.
• Duress – If you felt threatened or coerced into taking the property by another party.

By investigating the circumstances and evidence thoroughly, a defense lawyer can often find ways to challenge the prosecution’s accusations. They may be able to get charges dismissed entirely or reduced to a lesser offense.

What Should You Do if Facing Larceny Charges?

If you’ve been arrested for or charged with any type of theft or larceny offense, here are some key steps to take:

• Remain silent – Do not admit guilt or try to explain anything to police. You have the right to remain silent.
• Hire an attorney – An experienced criminal defense lawyer can properly defend your legal rights.
• Don’t discuss the case – Do not talk about your case with anyone except your lawyer to avoid accidentally incriminating yourself.
• Follow court orders – If released from jail, follow all conditions set by the court like probation meetings, drug testing, etc.
• Appear at court dates – Attend all scheduled court dates related to your case. If you miss court, it can lead to further charges.
• Create a defense – Work closely with your lawyer to build a defense strategy based on the specifics of your case.

With an aggressive defense focused on reasonable doubt and technicalities, many theft charges can be reduced or dismissed entirely. Don’t take chances by trying to defend yourself against a larceny charge. Get advice from a local criminal defense attorney as soon as charges are filed.

Common Questions about Larceny Cases

What if I was falsely accused of larceny or theft?If you believe the allegations against you are false or mistaken, an attorney can investigate the claims and evidence to prove your innocence. Things like mistaken identity and false eyewitness testimony can be challenged.Is it still larceny if I didn’t intend to keep the property permanently?If you intended to return the property eventually, it may not meet the legal definition for intent to permanently deprive, which is required for a larceny conviction. This can be a viable defense in some cases.Can I represent myself pro se in my larceny case?While you have the right to represent yourself, larceny cases can be complex. Most defendants fare much better working with an experienced defense lawyer. An attorney may get charges reduced or dismissed where a defendant representing themselves would be convicted.I was struggling financially when I shoplifted. Can this help my case?While poverty and financial struggles do not make theft acceptable, it can be a mitigating factor. In some cases, it may help get sentences reduced, especially for first-time offenders. But jail time is still possible.What other options are there besides trial for a larceny case?Many larceny cases end with plea bargain agreements for reduced charges rather than going to trial. Deferred adjudication may also be an option, allowing charges to be dismissed after a probation period. An attorney can advise on all options.Getting charged with any theft or larceny crime can be an extremely stressful and challenging ordeal. The penalties can disrupt lives and do lasting damage to someone’s future. But an aggressive defense focused on creating reasonable doubt regarding both the evidence and intent required for a conviction can often achieve charge dismissals, acquittals after trial, plea bargains to lesser charges, or alternative sentencing options.If you or a loved one are facing larceny accusations, don’t leave the outcome to chance. Consult with a criminal defense lawyer as soon as possible about building a customized defense against the charges. With an experienced legal advocate fighting for your best interests, many theft cases can ultimately be resolved favorably.