What Are the Different Types of Larceny and What Are Their Punishments?
Posted: Thursday, June 20th, 2019 at 5:47 pm
What Are the Different Types of Larceny and What Are Their Punishments?
The legal definition of larceny is taking property that doesn’t belong to you without intending to give it back. As with most crimes, there are various types of larceny. Different types of larceny carry different punishments. Each legal case is different, so it’s important to consult with your criminal defense attorney to find out what the best course of action is for your particular case. However, here is some basic information on larceny that might help you.
Elements of Larceny
There are various elements to larceny. The first element is taking and carrying away. In other words, in order for your crime to be larceny instead of some other form of theft, you have to actually take the item and carry it away from the premise. The second element of larceny is personal and tangible property. In other words, you can steal somebody’s identity but that won’t be larceny because somebody’s identity is not a tangible object or piece of property. Thirdly, you have to have taken that item without permission from the owner. If somebody lends you an item for a period of time and you keep it for longer than that time, that is not larceny. Finally, you have to have had an intent to permanently deprive the person of that item. This element of larceny is the most difficult to prove because the person accusing you of larceny has to prove that your intention from the beginning was to permanently deprive them of that piece of property.
Most Common Degrees of Larceny
There are four degrees of larceny that are defined by the value range of the item or items stolen. First-degree larceny has a value of over one million dollars In the state of New York. Also in New York, second-degree larceny has a value that is over $50,000 but under $1000000. New York dictates the 3rd-degree larceny has a value greater than $3,000 but less than $50,000. And fourth-degree larceny in the state of New York has a value of over $1,000 but less than $3,000. Other states have other values associated with them, but this tends to be standard to most states.
Other Degrees of Larceny
It’s most common that first through fourth-degree larceny is used as a measure of how serious the crime is. However, there are three other types of larceny that exist. Petty larceny is a misdemeanor. The value that constitutes petty larceny is defined by the state. Petty larceny may have other contributing factors of the crime, as well. Grand larceny is typically defined as any value that exceeds the state’s first-degree value. That value is always determined by the state. In New York, it would be anything over $1000000, but in some states, it would be anything over $400. Felony larceny is also a category that some states use in place of grand larceny. It’s basically the same thing as grand larceny, except the name clearly designates it as a felony. Usually, felony larceny contains an element of breaking and entering as a means to obtain the property in question. Felony larceny can also include the use of explosives or other devices to gain entry.
Punishments For Larceny
The punishment for larceny depends on the value of property stolen, the property damage that occurred during the crime, your criminal history, state laws, and other factors. Punishment for larceny can range from restitution or the value of property stolen way up to Hefty fines and lengthy prison sentences. Some larceny cases lead to hundreds of thousands if not millions of dollars in restitution and up to a decade in state or federal prison.
Larceny is a serious offense. It’s important to obtain qualified legal representation any time you were accused of larceny. A criminal defense attorney in your state can help you defend your case in a court of law and obtain the most favorable outcome. Don’t leave your freedom and livelihood to chance. Consult with a criminal defense attorney in your state today and take your first step on the road towards protecting your freedom and your future.
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