The Elements Of Larceny In California

November 30, 2018 | Theft & Property Crimes

On behalf of Kestenbaum Law Group posted in theft & property crimes on Friday, November 30, 2018.

Larceny occurs when an item is taken without force and in an unlawful manner. To be considered larceny, the item must belong to another person and be taken without the owner’s consent. Furthermore, it must be taken with the intent to deny the owner of the use or enjoyment of an object. If an object cannot be moved, it may not be necessary to physically carry it away.

For example, a crime could be committed if an individual takes control of an item and all other elements of larceny have been met. It is important to note that the lawful repossession of property would not be considered larceny. For instance, a bank could repossess an object for nonpayment of a loan without breaking the law. If an individual is taking back property that was borrowed or stolen by another person, that also would not be larceny or theft in general.

The actual crime that a person is charged with may depend on the value of the items stolen. Whether a person is charged with a misdemeanor or a felony depends on the details of a case. For example, if a person stole multiple items, he or she may face a felony charge. However, if it was determined that multiple items were taken while committing a single crime, a defendant may receive a misdemeanor.

Individuals who are facing theft charges may face significant penalties if convicted. Those penalties may involve lengthy jail or prison sentences in addition to fines or community service. A criminal record will make it harder to get a job or get into school. Spending time in jail could also make it more difficult to provide for minor children. However, an attorney can help a defendant get a plea deal or an acquittal at trial.