Top Cupertino, CA Larceny Lawyers Near You

What Is the Definition of Larceny?

The crime of larceny involves taking property of another with the intent to deprive the owner of the property. Larceny is another term for theft and is a criminal offense. The penalties for a larceny conviction often depend on the value of the property taken. Larceny can involve any type of personal property, including money, vehicles, phones, antiques, or jewelry.

The elements to prove theft vary by state, with some states having a separate criminal charge for larceny. In general, larceny is the wrongful taking or withholding of any property from the possession of the owner with the intent to permanently deprive another person of the use or benefit.

What Are Different Types of Larceny?

Larceny is generally divided up into grand larceny or petty larceny. Also called grand theft or petty theft, the difference between grand and petty is generally based on value. Other types of grand theft may be based on the type of property. In some cases, theft of a motor vehicle or stealing a firearm may be considered grand larceny, not depending on the value.

Not all states have theft categorized as petty or grand. In some states, theft laws may be categorized by degree of larceny, such as first-degree larceny or class B misdemeanor sixth-degree larceny. Different degrees or classes of larceny offenses may be based on the value of stolen items and carry different criminal penalties.

What Is the Difference Between Theft and Larceny?

Larceny is a type of theft. In some cases, the terms are used interchangeably. However, theft is generally a broader term that may include other types of theft crimes, including embezzlement, identity theft, burglary, and fraud.

For example, larceny and embezzlement are both crimes of theft but the difference is that embezzlement usually involves theft by someone in a position of trust or authority over the property taken for personal gain.

Is Stealing From a Store Larceny?

Stealing from a store is generally a type of larceny. Also known as shoplifting, larceny from a store involves taking goods or merchandise from a store without paying the full price. Retail larceny could also be committed by employees who may have more opportunities to steal merchandise without getting caught.

Is Grand Larceny a Felony?

Grand larceny is often a felony but can sometimes be charged as a misdemeanor. As a felony, a criminal conviction for larceny could result in more than a year in prison and fines. As a misdemeanor, the maximum penalty for larceny is generally up to a year in jail and a fine. Other possible penalties include community service, probation, and victim restitution.

A felony criminal record may continue to negatively impact your life for years. A felony conviction may prevent firearm ownership and make it harder to get a job or find a place to live.

What Happens If Someone Presses Charges for Theft in California?

If someone presses charges for theft, the state prosecutor or district attorney may file criminal charges. The victim of theft may also be able to file a civil lawsuit against the defendant to recover damages. In general, a civil lawsuit will come after the criminal charges. If you are found guilty of larceny in criminal court, through pleading guilty or after a guilty verdict, it will make it much easier for the original property owner to win a civil lawsuit for damages.

Do I Need To Hire a Lawyer if I’m Facing Larceny Charges?

If you are facing criminal charges, your options generally include pleading guilty or fighting the criminal charges. A criminal defense attorney can advise you of your rights to make sure you understand the consequences of each option. If you want to fight the criminal charges, your lawyer can build on legal defenses for theft to get the larceny charge dropped or create reasonable doubt for a not guilty verdict.

Your criminal defense lawyer may also be able to negotiate a beneficial plea agreement. A plea deal may allow you to avoid other criminal charges or get a reduced sentence. If you are a first-time offender, your defense attorney may be able to get you into a diversion program. A diversion program provides an alternative to criminal sentencing that allows the defendant to avoid jail time and a criminal conviction by following the terms and conditions of the program.