Larceny is the illegal theft and moving away of another person’s property to rob them of it permanently. Without the individual’s permission, the unlawful take is carried out. When valuable items are taken, the offense is upgraded to grand larceny.
Nevada Grand Larceny Lawyers
What Is the Nevada Definition of Grand Larceny?
Grand larceny in Nevada is the deliberate taking, taking, and carrying away of another person’s:
- Objects or products worth above $650
- Usage of real estate, furniture, or bedding worth more than $650
- One or more tamed creatures or birds worth above $650
- One or more livestock animals
Can the Theft of a Credit Card Result in a Grand Larceny Charge?
Yes, because stealing, leading away, luring away, or taking a card or gadget used to transfer or withdraw money from a bank also constitutes grand larceny. This is so because the person has no legal right to the funds linked to the card or any authority over them.
Felony Larceny: What Is It?
Felons who commit felony larceny may face harsher punishments than those who commit a misdemeanor or petty theft. Larceny is defined as the unlawful stealing and carrying away of another person’s property to deprive that person of the use of the property permanently. Grand theft is another word for felony theft.
While larceny is typically regarded as a minor violation, specific circumstances can elevate the level of theft to felony rank. This includes the item’s worth (often over $1,000), any prior theft convictions, and the scene of the theft.
Let’s take the scenario where someone entered a restaurant and took another person’s pocketbook. The purse was filled with money and other items worth $1,500. The minimal amount of property to be considered for felony larceny in the jurisdiction is $1,000. As a result, this offense, rather than a misdemeanor, may be used to charge the offender.
What Takes Place Following a Felony Larceny Arrest?
Continuing with the example of the stolen purse from above, let’s say the perpetrator took the item from a booth while the purse owner was in the bathroom. Without being discovered, the criminal was able to exit the institution. Nevertheless, the person’s face was clearly captured by surveillance cameras, and the police could recognize the individual thanks to their criminal record.
The police would then detain the person after arrest, filing official charges against them. The person may be released from custody or held until a bail hearing. If a bail hearing occurs, they will either be released without having to make any payments or, if they can afford it, released on bond. The person would remain in custody until their trial if they could not post bail if the judge had rejected it.
The person should then think about getting legal counsel for the criminal charges. This can entail hiring a private attorney or securing a public defender chosen by the court. An attorney can explain any potential defenses that could minimize or dismiss the accusations, help create a game plan for court appearances and, ultimately, trial, and try to negotiate a plea bargain to avoid trial.
The defendant will appear before the judge for a sentence if the case goes to trial and they are found guilty of felony larceny.
What Could Be the Consequences for Felony Larceny?
Less severe punishments, such as small criminal fines or a brief period of incarceration, will apply to misdemeanor larceny offenses (usually under a year). Again, this will depend on the value of the stolen property.
However, felony larceny accusations typically carry far worse legal repercussions. These may involve longer prison terms and heavier fines. The severity of the punishment for felony larceny is typically inversely correlated with the value of the stolen goods. Courts frequently consider a defendant’s prior theft convictions and any other aggravating factors.
Additionally, several states have distinct classifications for various larceny levels in their statutes. This could involve first, second, and third-degree offenses, with first-degree theft being the most serious of the three.
A certain dollar amount will often be included in each category in a jurisdiction that divides felony larceny into different levels. The punishment will thereafter be appropriate for the crime’s severity. Once more, the amount of money and the punishments can be imposed depending on the jurisdiction where the offense was committed.
Both misdemeanor and felony theft offenses may also result in court-ordered counseling, education, or support groups. These penalties would be used to aid in preventing theft-related behavior in the future.
Do Felony Larceny Charges Have Any Defenses?
Due to the larger value of the stolen property, felony theft accusations might be more challenging to fight. However, there may still be some defenses that can be used to reduce or even get the charges dropped.
These consist of the following:
- A case of mistaken identity (the defendant maintains they are innocent);
- Absence of intent at the time the violation was committed (the defendant asserts that they accidentally seized the property believing it to be their own);
- Absence of proof (in the purse scenario above, if there were no security cameras or witnesses, the prosecution would have a hard time proving that the defendant actually committed the crime).
If appropriate, these defenses can aid a defendant in totally avoiding charges or, at the very least, limiting punishment through a plea agreement.
The Valuation of Stolen Property
Finding the worth of the stolen goods is important in grand theft proceedings. According to the prosecution, the value of the stolen goods must be greater than the threshold for grand theft. The accused cannot otherwise be found guilty of grand theft.
Various techniques are used to determine a property’s worth. The fair market value, the greatest reasonable value, or the retail value can all be used to determine a property’s value.
Which Office Brings a Case of Grand Theft?
For most felonies, the district attorney’s office is responsible. The city attorney’s office normally handles misdemeanor cases. Only the district attorney’s office exists in some jurisdictions and prosecutes both crimes and misdemeanors in those situations.
What if I Thought I Owned the Property?
You won’t often be found guilty of big theft if the item you took genuinely belonged to you or if you honestly believed it did but were incorrect.
You wouldn’t be found guilty of grand theft if you intended to claim or reclaim anything you believed to be legitimately yours rather than steal the property.
What Is a Grand Theft Conviction’s Criminal Sentence?
The wording will vary depending on how much the property is worth. A category C felony is committed when the property’s value is between $650 and $3,500. A category C felony carries the following sentence:
- Jail sentence of two to five years
- $10,000 fine
If the item is worth more than $3,500, it is considered a category B felony, which carries the following penalties:
- 1-20 years in prison
- $10,000 fine
Does My Case Require a Criminal Attorney?
A strong legal defense is necessary if you want to avoid receiving severe punishment. Working with a criminal defense attorney in Nevada might make the difference between a larceny charge being dismissed or reduced and receiving a lengthy prison sentence if found guilty.
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