Understanding Larceny with Examples – GetLegal

Larceny

Theft, sometimes known as larceny, is the legal term for the unauthorized taking and removal of another person's personal property with the goal of depriving them of it permanently. Most governments recognize this type of theft as unlawful, and it might involve everything from shoplifting to embezzlement. Law enforcement personnel and the general public alike need to be well-versed in the characteristics and consequences of larceny theft in order to deal with and prevent such illegal activities.

Petty vs. Grand Larceny | Burglary | Robbery

Though there are federal laws making certain types of theft a crime, most theft offenses, including larceny theft examples are violations of state laws. Though there are some little variations from state to state—for instance, in many areas the amount that separates grant larceny from petty larceny is greater—most jurisdictions have similar definitions for larceny, robbery, and burglary.

How Does the Law Define Larceny?

Although the word “larceny” is often used interchangeably with “theft,” the actual crime of larceny requires a number of specific elements. A prosecutor must provide sufficient evidence in court to convince a jury that all the requirements are met, including demonstrating specific larceny theft examples. Otherwise, a jury must acquit.

To successfully prosecute a person for larceny, the prosecution must show that:

·         The defendant (person facing charges) wrongfully took and carried away…

·         …the personal property of another person,

·         without permission or consent, and

·         with the intent to permanently deprive them of the use or possession of that property.

What Does It Mean to “Wrongfully Take and Carry Away” Something?

The individual taking the property must not have any legal claim or title to it in order for the take to be deemed unlawful. It is illegal to remove someone else's property without their consent or legal authority. Of course, there are instances in which stealing someone else's property is acceptable. For instance, the lender has the power to seize the items if you pledge private property as security for a loan and you fail to make payments. In that case, it is not theft.

To some extent, being permanently deprived is required in order for the property to be "carried away." If someone just removes your personal belongings and stays on the property, there might not be any other intention than to hold or observe the property. Moreover, you still have the chance to get the items back.

What Is the “Personal Property of Another Person” Requirement?

As a general rule, within the context of larceny theft examples, you can’t be charged with larceny for taking property you legally own. You are free to return anything that a friend or neighbor borrows from you without their consent. Furthermore, the definition of larceny usually excludes the inclusion of intangible property like labor or services.

What If You Have Permission or Legal Authority?

A court order permitting you to take property will absolve you of any liability for larceny. Furthermore, if you take property owned jointly by two people, you don’t commit larceny if you have the permission of only one owner.

Why Must There Be “Intent to Permanently Deprive?”

Larceny is not intended to impose criminal liability for items that are borrowed rather than taken. If you can show that you only meant to use the item on a temporary basis, you won’t be guilty of larceny.

Petty Larceny vs. Grand Larceny

In most jurisdictions, the distinction between petty larceny and grand larceny is the value of the property taken, a concept relevant to understanding larceny theft examples. While the exact amounts differ from state to state, grand theft is normally punished as a felony while petty theft is usually treated as a misdemeanor. Stealing specific kinds of property, such animals, or obtaining property by deceit or trickery as opposed to force or fear is also considered grand larceny in some states. Stealing is not the same as robbery when force or terror is involved.

How Does Robbery Differ From Larceny?

A person must actually steal anything in order to be found guilty of robbery; additionally, the crime must occur in the victim's presence and be carried out with the threat or actual use of force. The robbery victim must also be informed of the illegal taking of property and the possibility of force being used against them. For instance, it won't be considered robbery if someone steals a car from the downstairs garage while the victim is asleep in an upstairs bedroom; instead, it will probably be charged as burglary.

How Does Burglary Differ From Larceny?

A person must break into a house or other structure—that is, any building that houses people, pets, or property—with the intention of stealing something. Breaking and entering is not always the manner of unauthorized entry. If someone enters an unlocked building without authorization or legal justification and either commits theft there or enters with the intention of stealing, they may be prosecuted with burglary.

Can a Person Be Charged With More Than One Theft Crime for a Single Act?

Indeed. Depending on the efficacy of your attempts, you may face charges for both burglary and real or attempted larceny after a break-in. Similarly, there is an additional charge of larceny for robbery.