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Theft / larceny is typically defined as the taking of almost anything of value without the consent of the owner, with the intent to permanently deprive him or her of the value of the property taken. Most states recognize degrees of theft, such as "grand" or "petty," which usually relate to the value of the property taken.

For example, John goes to Karen's music store, puts two CDs in his pocket, and walks out the door of the store. John can be charged with theft / larceny. Had John stolen Karen's Car from the parking lot, John would likely be charged with grand theft / larceny.

Defendants accused of larceny have some powerful defenses at their disposal to counter the charges. Prosecutors must prove every element of the crime beyond a reasonable doubt, so if a defendant can cast doubt on the prosecutor's case concerning any of the required elements for larceny, they stand a good chance of acquittal.

To recap, larceny is:The unlawful taking and carrying away ofSomeone else's propertyWithout the consent of the owner and withThe intent to deprive the owner of the property permanently

If a defendant can show that their actions didn't meet any or all of these elements, then the prosecution has not proved its case.

Focusing on the elements should be a defendant's first defense, but other defenses exist even when the defendant actually admits to taking the property.In General

In addition to the major categories of defenses below, there are some commonly used defenses that may or may not help a defendant accused of larceny.

For example, an attempt to return a piece of stolen property, or its equivalent value, to the original owner will not remove responsibility for the original larceny. If the defendant intended to return the property when they took it, however, no larceny occurred (remember that larceny requires intent to deprive the owner of the property permanently). Defendants will have trouble proving this at trial, however. In addition, a defendant who does intend to return a piece of stolen property will have to demonstrate that they had the substantial ability to do so.

Also, stealing from a spouse cannot act as a defense to larceny charges if the spouses aren't living together. If the spouses do live together, however, then any taking of property would fall under the designation of misappropriation of marital property rather than larceny.

Some defendants try to claim that the stolen property was illicit, thus no larceny occurred, but the nature of the stolen good has no bearing on the larceny charge. If, for example, a defendant stole a shipment of counterfeit handbags, a larceny has occurred regardless of whether or not the contents of the shipment were illegal.Belief of Ownership or Right

A person doesn't commit larceny by taking their own property, thus a defendant who has a good-faith belief that they own a piece of property or have a right to use it hasn't engaged in larceny by taking the property. This is the case even if the belief is false or unreasonable.

The defendant has the burden of showing that they had an honest belief their ownership or use right, however, which can be difficult to back up with evidence.Entrapment

Defendants often claim entrapment when facing larceny charges. Entrapment occurs when someone induces an innocent party to commit a crime that they normally wouldn't have committed. In the case of larceny, someone often a police officer will convince another to steal something that they wouldn't otherwise have taken. The defendant claiming entrapment must not have had any prior inclination to commit the crime, and must do so only on the enticement of the entrapping party.

For example, if police officers set up a car with the keys in the ignition and just wait for someone to come up and attempt to steal it, no entrapment has taken place. If, on the other hand, a police officer points out the car to a passerby and encourages them to take the car, the passerby would have a strong argument in support of an entrapment defense.Consent

Taking property without the consent of the owner forms one of the essential components of larceny. Thus, if the owner consents to the taking, it does not amount to a larceny.

This situation can arise in several different contexts. An owner of a piece of property could ask someone to fake a theft in order to file an insurance claim for the property, for example. Since the owner consented to the taking, the person who carries off the property would not have committed larceny - insurance fraud, perhaps, but not larceny.

Sometimes, however, a property owner might suspect that someone intends to steal their property and will create an opportunity for the person to commit larceny to test their suspicion. In such an instance, the person taking the property would still have engaged in larceny since the criminal design began with them rather than the owner of the property. The owner didn't consent to the taking, they simply wanted to catch the thief in the act.Duress

As with other crimes, defendants can claim that someone else forced them to commit a larceny through threats of force, blackmail, etc. If a defendant can offer sufficient proof for this claim, a jury may find that they did not act voluntarily and should not bear responsibility for the crime.

This may also apply to threats against third parties, although some states specifically prohibit defendants from raising a duress defense when the threatened injury is directed at a third party.

Defendants accused of larceny have some powerful defenses at their disposal to counter the charges. Prosecutors must prove every element of the crime beyond a reasonable doubt, so if a defendant can cast doubt on the prosecutor's case concerning any of the required elements for larceny, they stand a good chance of acquittal.

To recap, larceny is:The unlawful taking and carrying away ofSomeone else's propertyWithout the consent of the owner and withThe intent to deprive the owner of the property permanently

If a defendant can show that their actions didn't meet any or all of these elements, then the prosecution has not proved its case.

Focusing on the elements should be a defendant's first defense, but other defenses exist even when the defendant actually admits to taking the property.In General

In addition to the major categories of defenses below, there are some commonly used defenses that may or may not help a defendant accused of larceny.

For example, an attempt to return a piece of stolen property, or its equivalent value, to the original owner will not remove responsibility for the original larceny. If the defendant intended to return the property when they took it, however, no larceny occurred (remember that larceny requires intent to deprive the owner of the property permanently). Defendants will have trouble proving this at trial, however. In addition, a defendant who does intend to return a piece of stolen property will have to demonstrate that they had the substantial ability to do so.

Also, stealing from a spouse cannot act as a defense to larceny charges if the spouses aren't living together. If the spouses do live together, however, then any taking of property would fall under the designation of misappropriation of marital property rather than larceny.

Some defendants try to claim that the stolen property was illicit, thus no larceny occurred, but the nature of the stolen good has no bearing on the larceny charge. If, for example, a defendant stole a shipment of counterfeit handbags, a larceny has occurred regardless of whether or not the contents of the shipment were illegal.Belief of Ownership or Right

A person doesn't commit larceny by taking their own property, thus a defendant who has a good-faith belief that they own a piece of property or have a right to use it hasn't engaged in larceny by taking the property. This is the case even if the belief is false or unreasonable.

The defendant has the burden of showing that they had an honest belief their ownership or use right, however, which can be difficult to back up with evidence.Entrapment

Defendants often claim entrapment when facing larceny charges. Entrapment occurs when someone induces an innocent party to commit a crime that they normally wouldn't have committed. In the case of larceny, someone often a police officer will convince another to steal something that they wouldn't otherwise have taken. The defendant claiming entrapment must not have had any prior inclination to commit the crime, and must do so only on the enticement of the entrapping party.

For example, if police officers set up a car with the keys in the ignition and just wait for someone to come up and attempt to steal it, no entrapment has taken place. If, on the other hand, a police officer points out the car to a passerby and encourages them to take the car, the passerby would have a strong argument in support of an entrapment defense.Consent

Taking property without the consent of the owner forms one of the essential components of larceny. Thus, if the owner consents to the taking, it does not amount to a larceny.

This situation can arise in several different contexts. An owner of a piece of property could ask someone to fake a theft in order to file an insurance claim for the property, for example. Since the owner consented to the taking, the person who carries off the property would not have committed larceny - insurance fraud, perhaps, but not larceny.

Sometimes, however, a property owner might suspect that someone intends to steal their property and will create an opportunity for the person to commit larceny to test their suspicion. In such an instance, the person taking the property would still have engaged in larceny since the criminal design began with them rather than the owner of the property. The owner didn't consent to the taking, they simply wanted to catch the thief in the act.Duress

As with other crimes, defendants can claim that someone else forced them to commit a larceny through threats of force, blackmail, etc. If a defendant can offer sufficient proof for this claim, a jury may find that they did not act voluntarily and should not bear responsibility for the crime.

This may also apply to threats against third parties, although some states specifically prohibit defendants from raising a duress defense when the threatened injury is directed at a third party.

After a conviction for larceny, a defendant learns what punishment the state has in store for them during the sentencing phase of the trial. At sentencing, a number of factors come into play to determine what penalty the defendant will receive. Those factors include the sentencing range laid out in the law itself, aggravating and mitigating factors and, for larceny convictions, whether the crime amounted to grand or petit larceny.

The laws governing larceny will usually contain sentencing options, either a list of possible sentences or a range of years, as well as fines or other alternative sentences. Judges can determine the appropriate sentence by examining the facts of the case and choosing the best penalty that falls within the bounds of the statute.

In a larceny case, the type of larceny will also greatly influence the severity of the sentence. Grand larcenies carry much longer sentences than do petit (or "petty") larcenies. Some states also impose different sentences based on the type of item that the defendant stole.

For example, in California, a grand theft of a firearm could result in a sentence of 16 months, two years or three years. All other grand thefts would result in imprisonment in a county jail of up to a year. Petty thefts, on the other hand, carry a possible sentence of up to six months in a county jail and a potential fine of up to $1,000.

By contrast, in New York there are several degrees of grand larceny, determined mostly by the value of the stolen property. The penalties for these degrees of grand larcenies range from one to twelve years imprisonment, subject to a judge's discretion. Petit larcenies, however, are misdemeanors and punishable by a prison term of up to a year.

When deciding what sentence to impose within all the possibilities listed under a statute, judges will examine the facts of the case itself, as well as other aggravating and mitigating factors.

Aggravating factors tend to make the crime more serious. They typically include such things as the defendant's criminal history and whether or not the victim was particularly vulnerable, and the presence of aggravating factors usually results in a harsher sentence. Mitigating factors usually influence judges to hand down a more lenient sentence, such as when the defendant has taken responsibility for the crime or has no previous criminal history.



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