Defenses To Criminal Larceny and Theft

Being charged with larceny is a serious matter. A theft conviction often carries a prison sentence, but a solid legal defense could help you avoid jail time.

This article discusses some common defenses to larceny charges. However, in criminal law, the success of any defense depends on the facts of the case. After reading this article, contact a larceny attorney for legal advice tailored to you or your loved one’s situation.

What Is Larceny?

Theft offenses punish actions ranging from shoplifting a pack of gum to embezzling millions of dollars. But these modern crimes spring from one of the oldest theft crimes – larceny.

States define larceny in various ways, but most federal agencies and state laws require proof that a person engaged in the following:

1. Non-consensual
2. Taking and carrying away
3. Of another person’s personal property
4. With the intent to permanently deprive the rightful owner of the property

In short, a person commits larceny when they take someone else’s personal property without permission and intend to keep the property for themselves forever.

For example, Paulie is walking behind Jake. He sees a $100 bill sticking out of Jake’s back pocket. Paulie realizes he can use this money to go to the casino, so he takes it. He lifts the bill from Jake’s pocket and puts it into his own. Paulie goes to the casino as planned and spends the $100. Paulie has committed larceny because he took the bill from Jake’s pocket without permission and never intended to return the money.

Defenses to Larceny

The law offers many possible defenses to larceny. Read on to learn more about these potential defenses:

Lack of Intent

Larceny requires an intent to permanently deprive the rightful owner of their property. Proof that the defendant lacked that intent will make it challenging to secure a conviction.

Example: Lloyd sees a broken lawnmower in his neighbor’s yard. He takes it home with the intent to repair it and return it. There is no larceny because Lloyd intended to return the lawnmower to its owner.

Claim of Right

In a claim of right defense, a person takes property they believe to be theirs. A person with an honest, good faith belief that they are taking their own property has no intent to take someone else’s property. Without the required intent, a conviction is unlikely.

Example: Jennifer lets her friend borrow her red umbrella. A week later, Jennifer visits her friend’s home and sees a red umbrella. Believing it is hers, she takes it. Jennifer still has a defense if the umbrella belongs to someone else because her belief seems honest under the circumstances.

Intoxication

Example: Drake drinks heavily at a party. Before leaving, he takes Will’s wallet. If Drake can prove that his drunkenness made him think that Will’s wallet was his, it could prove that he lacked the intent to steal.

Intoxication is sometimes a defense to larceny because intoxication can make it difficult for the brain to form the necessary intent to steal. Intoxication as a defense is very limited and varies depending on the jurisdiction.

Permission

Larceny requires a non-consensual taking. Proof that the owner permitted the use of their property removes an essential element of larceny and makes it harder for the prosecutor to prove guilt.

Duress

Duress applies when a person is forced to commit a crime against their will, usually under the threat of great bodily harm.

Let’s go back to Paulie and Jake. If Paulie had only taken the money from Jake’s pocket because Greta was holding a gun to his back, Paulie might have had a duress defense. Because duress is a complicated defense, you should ask your lawyer if it applies to your case.

Mistaken Identity

Many people charged with larceny argue that someone else committed the crime. If you have an alibi for the date and time of the crime, this defense may work.

Entrapment

Entrapment occurs when a government agent – usually a police officer – convinces someone to commit a crime that they were not planning to commit. Entrapment is a legally complex defense that rarely works. Your criminal defense attorney can tell you if the defense is a good option in your case.

Valuation

States use the value of the stolen property to separate major theft charges from lesser offenses. Usually, people who steal items of little value are charged with petit larceny (sometimes called petty theft). At the same time, people who take more expensive items are charged with grand larceny (also known as grand theft or larceny in the first degree). Normally, grand larceny is a felony, while petit larceny is a misdemeanor.

Technically, valuation isn’t a larceny defense because you’ll admit you took the item. But if you can prove that the property’s actual value is lower than the prosecution claims, you could reduce a felony charge to a misdemeanor.

Is Returning Stolen Property a Defense to Larceny?

Legally, larceny is complete at the very second a person takes property with the intent to keep it. Returning the property does not change this fact. A crime has already been committed, so giving back the property is not a defense. While returning property could lead to more leniency during sentencing, there is no guarantee that this will happen. Speak with a criminal defense attorney before returning any property.

Charged with Larceny? Defend Yourself With a Lawyer

A criminal charge can turn your life upside down. If convicted, you’ll have a criminal record that will follow you for years.

You have the right to defend yourself if you’ve been charged with larceny or any other criminal offense. But you can’t craft a winning defense strategy without solid legal advice. Use LawInfo to find a larceny lawyer near you who can help you defend your rights and your freedom.