Theft is a crime that is more common than what people may think. When it comes to this category of crimes, there are actually several forms of theft. One of these is larceny. This occurs when a person takes something from another person without the use of force. There are several points to remember if you are facing a larceny charge.
There are four elements that have to be present for larceny to occur. Some of these are similar to other theft-related charges.
- You must take something and bring it with you
- The item must belong to another person
- The owner of the item didn't give you consent to take it
- You have no intention of giving the item back
When all four of those are present, you are guilty of larceny. But, this doesn't necessarily mean that you can just say that you were going to give the item back and be done with the case. Instead, you are going to have to plan your defense strategy so it shows that was your intended action.
One consideration that you have to think about when you are facing this type of charge is that there are different degrees. Petit larceny is reserved for things of lesser value, while grand larceny is used for items with a higher value. If more than one item is taken, the total of value of the items will usually determine the charge.
The degree that is used in your case dictates whether you are facing a misdemeanor or a felony. It also determines the penalties you face. It may also have an impact on what defense strategies you might be able to use. Be sure to consider each option carefully so you can choose the one you feel best suits your needs.