Larceny is defined as the unlawful taking and carrying away of the personal property of another person, without their consent. The person must also intend to "permanently deprive" the person of the property. In short, larceny is basically common theft.
Grand larceny charges may result when the theft is for property or money that is valued over a certain amount. This is usually a high dollar amount, ranging anywhere from $1,000 to $5,000, depending upon state criminal statutes. Grand larceny is also known as grand theft in many states.
Grand larceny is often categorized as a felony charge, which results in criminal fines and prison time of at least one year. The number of years sentenced may increase depending on the amount that was stolen. Generally speaking, the more money or property that was stolen, the longer the prison sentence. Some states have hard sentences that correspond to set dollar amounts.
Also, the defendant may be held liable for criminal restitution. This is simply a court order requiring the defendant to pay back the amount of property that was stolen from the victim.
A common defense for grand larceny is that the property rightfully belonged to the defendant, or that the defendant believed that the property was his own. Larceny cannot be found where the criminal defendant does not intend to steal. If an item is his own, or if he believes it to be his own, then he does not intend to steal the item when he takes it.
However, in most grand larceny cases, the value of the property is usually very high, sometimes in the tens of thousands of dollars. At this level of value, it is very difficult to confuse property items or dollar amounts.
Other defenses that may be raised include intoxication, duress, (the person was forced to steal the property), consent (the victim actually authorized the transfer of ownership) and entrapment.
Grand larceny is a serious offense that can result in severe criminal penalties. You may need to hire a qualified criminal defense attorney in your area if you need directed, specific legal assistance for a criminal charge. An experienced criminal lawyer in your area can provide the representation that is needed during the various stages
Last Modified: 10-17-2016 12:39 PM PDTLaw Library Disclaimer
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