Larceny Theft
Larceny theft is a serious criminal violation that involves illegal stealing of another person’s property. This behavior is regarded as a violation of the victim’s rights, and the offender may face legal repercussions. It’s crucial to get advice from legal professionals in order to comprehend the subtleties of larceny theft and its ramifications. GetLegal may be of great help and support in successfully managing the legal system. If you or someone you know is facing charges for larceny theft, contact GetLegal.
Petty vs. Grand Larceny | Theft | Burglary
Though there are federal laws making certain types of theft a crime, most theft offenses, including larceny theft examples are violations of state laws. There are minor differences from one state to another. For example, the dollar amount distinguishing grant larceny from petty larceny is higher in some places. But definitions of larceny, robbery, and burglary are generally the same in most jurisdictions.
How Does the Law Define Larceny?
Although the word “larceny” is often used interchangeably with “theft,” the actual crime of larceny requires a number of specific elements. A prosecutor must provide sufficient evidence in court to convince a jury that all the requirements are met, including demonstrating specific larceny theft examples. Otherwise, a jury must acquit.
To successfully prosecute a person for larceny, the prosecution must show that:
- The defendant (person facing charges) wrongfully took and carried away…
- …the personal property of another person,
- without permission or consent, and
- with the intent to permanently deprive them of the use or possession of that property.
What Does It Mean to “Wrongfully Take and Carry Away” Something?
For a taking to be considered wrongful, the person taking the property must not have any legal claim or right to it. You can’t take property from another person without legal authority or permission. But of course, there are circumstances where it’s not illegal to take away the property of another person. For example, if you pledge private property as collateral to secure a loan, the lender has a right to take the goods for nonpayment. If they do so, it’s not larceny.
The requirement that the property be “carried away” goes, to some extent, to the requirement that you be permanently deprived. If a person simply takes your personal property into his or her hands but remains on the premises, there may be no intent other than to simply hold or look at the property. Furthermore, you still have the opportunity to retrieve the goods.
What Is the “Personal Property of Another Person” Requirement?
As a general rule, within the context of larceny theft examples, you can’t get charge with larceny for taking property you legally own. If a friend or neighbor borrows something from you and fails to return it, you can take it back without their permission. Additionally, larceny is typically not defined to include intangible property, such as labor or services.
Petty Larceny vs. Grand Larceny
In most jurisdictions, the distinction between petty larceny and grand larceny is the value of the property take, a concept relevant to understanding larceny theft examples. The dollar amounts vary from state to state, but grand larceny usually prosecutes as a felony, whereas petty larceny is typically a misdemeanor. In some states, it’s also grand larceny to steal certain types of property, such as animals, or to take property by trick or subterfuge rather than by force or fear.
How Does Robbery Differ From Larceny?
To get convict of robbery, a person must commit an actual larceny. But the theft must take place in the presence of the victim and the larceny must accomplish through either the threat or use of force. the victim of robbery must be aware of the unlawful taking of property and the threat or use of force. For example, if a person is sleeping in an upstairs bedroom while someone steals a car out of the downstairs garage, it won’t qualify as robbery (but will likely be charge as burglary).
Can a Person Charge With More Than One Theft Crime for a Single Act?
Yes. With a burglary, you can get charge with both burglary or actual larceny. It depends on the success of your efforts. Likewise, a robbery charge comes with an additional charge of larceny.
