If you have taken someone's property without their consent, you stand to face larceny charges. If you acquired the property without meaning to keep it for yourself then there is a chance the law will disregard larceny charges against you. With the help of a lawyer you can fight these charges successfully.
Definition of Larceny
Taking someone's property without necessarily causing them harm or using force is larceny. If for instance you drive off with a car that is not yours and if you are arrested, the charge would be larceny. To prove larceny, the state has to demonstrate that you took someone's property, you took that property without the owner's consent and that you intended to deprive the owner of that item permanently.
The state has to demonstrate that the items alleged to be stolen belong to the said victim. If the property belongs to you, then larceny has not taken place as much as the property was in the hands of someone else during the time of the alleged crime. If, for example, you gave your neighbour your lawn mower and this neighbour hangs on to it longer than you expected and you sneak into his garage while he is cleaning his car and take the lawnmower, you cannot be charged with larceny.
Where your defence can prove that you had no intention of depriving the owner of the property you took, then the charge of larceny cannot prevail. Again, if you took property that you believed to be yours and it was later determined otherwise, then your defence can argue that there was no intent. Without intent, the charge of larceny cannot hold.
Degree of Larceny
The degree of larceny is determined depending on the value of the property you have taken unlawfully. You are charged with grand larceny when you acquire another person's property worth over $3,000. If what you took from your victim is worth less than $2,000, then you face petty larceny.
Larceny- One or Several
In the trial, the question of whether you committed one larceny or several will be crucial. If you took several items from your victim at the same time, then the charge would be one count of larceny. If you took multiple items from your victim on different occasions, then you face multiple counts of larceny. The more counts of larceny the greater the punishment will be for you.
In all scenarios, you need proper representation. For more information, contact a professional such as those found at Young And Muggleton.Share