The crime of larceny is included in the list of theft offenses prohibited by law. Southern California criminal lawyers describe larceny as the act of taking away or carrying away a valuable property from its rightful owner to permanently strip ownership. The person who commits larceny, of course, has the aim of using the property for his own good without the consent of the owner.
A Los Angeles larceny lawyer will be able to completely explain the elements of larceny that must be present for an action to be considered as larceny. First and foremost, the element of taking away one’s property is not enough. Taking away a valuable property from another person should be accompanied by having total control of the property, for the act to be deemed by Southern California criminal lawyers as larceny.
Second, in terms of the element of carrying away the property, there has to be evidence that the object has been moved into another position completely, for larceny to be charged to the offender. For example, if the offender has taken jewelry and was in the process of going out of the victim’s house to bury the jewelry deep in the ground first to hide the evidence, but was apprehended by the police, that may not be a crime of larceny.
Another element of larceny that a Los Angeles larceny lawyer will look for when handling a case of larceny is the intent to steal. For a person to be guilty of larceny there must be proof that there is an intention to steal. Southern California criminal lawyers will inform you that if person A takes away the property of person B, because of the belief that he (person A) is the true owner of the property, then the intent to steal is not present, thus, the action may not be considered as larceny.
A Los Angeles larceny lawyer will also reiterate that the stolen property must really be valuable.
Stealing a property with no value at all does not constitute larceny. For example, stealing old newspapers from your neighbor’s doorstep is not larceny since old newspapers may not really be considered as objects of value.
Southern California criminal lawyers may help you understand that larceny may be classified into the following:
Grand larceny is the type of larceny that refers to taking away property that has a very significant or high value. In some states in the United States, particularly New York, taking another’s property illegally that amounts to $1000 or higher may be considered grand larceny. A Los Angeles larceny lawyer will explain that this type of larceny is more often than not considered a felony and brings about a more serious penalty or sentence.
Larceny of False Pretenses
This type of larceny points to an action wherein misrepresentation is used to gain something of value or money. For example, a seller puts up a property e.g. a car that does not really belong to him for auction and gets the proceeds. The winning bidder who paid for the car then realizes that the seller is not the owner of the property, but then it is too late because the bidder has paid the car.
Larceny of False Promises
A person may be guilty of larceny by false promise if he obtains property or an amount of money in exchange for something else from him or his services, but the reality is that he does not have any intention of fulfilling his side of the bargain.
For example, a business owner pays a painter in full to paint some of the rooms in his company. However, the painter, after obtaining the payment, decides to move out of town and never intends to do the work as agreed upon with the business owner.
People who are victims of any type of larceny or those who have been arrested for larceny are definitely advised to consult a Los Angeles larceny lawyer.
By entrusting larceny cases to an experienced Los Angeles larceny lawyer, you may get to learn everything you need to know about the crime of larceny, your rights may be protected, and you may have a bigger chance of seeing fair results.