LARCENY

FRUNZĂ CRISTINA

Larceny is the wrongful taking of money or personal property belonging to someone else.

WHAT IS LARCENY ?

WHAT IS CASH LARCENY?

• Definition:Intentional takingOf employer’s cashWithout employer’s consent

• “Cash” includes currency and checks

Variations of larceny include:• robbery,• and burglary. Other types of larceny include:• shoplifting , • pickpocketing, • and purse snatching .

WHAT ARE THE TYPES OF LARCENY?

BURGLARY IS ALWAYS A FELONY?

Larceny may be either a felony or a misdemeanor. The classification is determined by the value o the property stolen and the circumstances surrounding the act. However , burglary is always a felony .

In addition , if the burglar sells the stolen goods, he is guilty of two crimes - burglary and sells stolen property

Types of larceny include grand larceny, petit larceny, and larceny by deception. Grand larceny involves the theft of property that is over a certain price range. Petit larceny is theft of property under a certain monetary value. Larceny by deception happens when the victim is duped into giving up possession of the property.

TYPES OF LARCENY

Cases of larceny usually have to prove intent as well. Intent is the pre-formed planning of the taking of property. The primary focus of the intent of the person committing larceny is to deprive the other person of their property

forever. This intent must be present regardless of whether the person committing larceny gained from the taking of

the property or not.

CASES OF LARCENY

The motivations for all forms of theft may seem pretty clear cut. Those that steal are thought to doing it because they

are in desperate need of money to survive, they need money to support a drug, alcohol or gambling addiction or they have made the unconventional career choice to steal as a living. While these motivations are characteristic of many thieves, there are reasons that fuel their crimes besides

financial gain or greed.

THE MOTIVATIONS

For some who engage in any criminal activity, whether it be property or violent crime, they do so because they get a

rush or a thrill out of engaging in risky behavior.

THE MOTIVATIONS

Other top motivations for committing burglary, robbery and larceny are when a seemingly easy opportunity presents itself, a feeling of power (such as in a stickup robbery), a

sense of status and a loss of control (perhaps due to a mental breakdown, drugs or alcohol).

THE MOTIVATIONS

PROPERTY CRIME

Larceny dropped 18 precent in 2010 between 2008

Some defenses may be available for a defendant who is facing larceny charges. These may include intoxication,

duress, necessity, consent, and self-defense. The availability of such defenses will of course depend on the individual circumstasnces in each trial. Due to the complexity of

raising such defenses, it’s usually necessary to work closely with a criminal lawyer during trial.

ARE THERE ANY DEFENSES TO LARCENY CHARGES?

While technically not a defense, the defendant may also have some alternative sentencing options available to them. For example, instead of serving jail time or paying fees, it

may be possible for the defendant to complete a community service program instead. This would allow them to avoid

some of the harsher traditional penalties for larceny. Alternative sentencing is commonly reserved for less serious petty larceny cases, first-time offenders, and

juveniles.

WHAT ARE THE LEGAL PENALTIES FOR LARCENY?

Larceny is usually classified as a misdemeanor offense. Misdemeanors like larceny are punishable by criminal fines and in some cases, a jail sentence of less than one year in a county jail. Certain types of thefts may be classified as a less serious offense, resulting only in a citation or a fine.

More serious penalties can result if the following “aggravating” factors are at issue:◾The act constitutes a repeat offense◾The larceny was committed in furtherance of a more serious crime◾Aggravating factors were present (such as the use of a deadly weapon)If a weapon was used in the commission of the larceny, it will likely be classified as armed robbery, which is a serious offense.

On the other hand, larceny can lead to more serious legal penalties under certain circumstances. For example,

larceny can lead to felony charges or a higher misdemeanor classification. This can result in penalties like higher

criminal fees and greater than one year in a federal prison facility.

Larceny is one of the more common criminal charges, and generally requires the assistance of a lawyer. The advice and guidance of a lawyer is indispensable, especially if other factors are involved that could lead to stricter penalties. If you have any questions or legal disputes involving larceny, you should contact a lawyer immediately. Your attorney can help represent you in court, and can determine which defenses or alternatives may be available to you.

DO I NEED A LAWYER IF I AM FACING PENALTIES FOR LARCENY?

Cases of larceny are often complicated and can involve several different interpretations of the legalities of the

case. Other crimes such as theft, embezzlement, or robbery are easier definitions to apply to certain cases. Experienced

lawyers, who are well versed in the intricate nature and changeability of the crime, should only try cases of

suspected larceny. Only an experienced larceny attorney can know about recent changes or particular nuances of a

larceny law.

CASES OF LARCENY