Facing any kind of criminal offense can be overwhelming. However, when charged with larceny, understanding the circumstances that warrant this crime and the penalties you can face if convicted is critical. The following blog explores what you should know about these matters and the importance of working with a Sacramento criminal defense lawyer to discuss your legal options.
What Warrants a Larceny Offense in California?
Larceny is an umbrella term used to describe acts of theft. This is different from theft by deception, which includes crimes like embezzlement or fraud. As such, larceny is a property crime that occurs when one person takes another person’s property without permission. However, theft can also occur when the property owner lends someone the item, and they do not return it and intend to make it their own.
For example, shoplifting is an example of larceny, as you are intentionally taking items from a retail location that do not belong to you. However, burglary, for example, is not larceny. This is because burglary involves entering a home or structure without permission with the intent to commit a crime. However, if you burglarize a home with the intent of stealing, it can be considered larceny.
What Penalties Can I Face, and Are There Any Defenses I Can Utilize?
There are generally two larceny charges you can face in California, depending on the value of the property taken. If the property is valued below $950, it is charged as petit or petty larceny. This is almost always a misdemeanor offense, meaning you can expect to face up to one year in jail if convicted. However, if the property is valued over $950, it is charged as grand larceny. This is a wobbler crime, meaning it is up to the prosecution to determine if they wish to charge it as a misdemeanor or felony offense. As such, you can face up to 3 years in a state prison and up to $5,000 in fines.
During your trial, you will have the opportunity to defend yourself. Though it may not seem likely, there are several defenses you may be able to utilize to help you fight for a favorable outcome. One of the most common is that you lacked the intent to steal. For example, if you are accused of stealing a laptop, you may be able to show that you were working at a coffee shop and accidentally grabbed another person’s computer, thinking it was your own.
Another defense is that you have the right of ownership to the property you are accused of stealing. If you can prove that it’s your property and you have the right to it, you may not be convicted, as you cannot steal your property.
Facing a larceny charge is not something that should be taken lightly, as the penalties can be severe. If you are facing criminal charges, it is in your best interest to connect with an experienced attorney with the Law Offices of Dale R. Gomes. Contact us today to learn how we can fight for you.
