Theft and larceny are criminal offenses that involve taking property that belongs to another person without their consent. Although these terms are often used interchangeably, there are some differences between them. In this article, we will explore the definitions of theft and larceny, as well as the legal consequences of committing these crimes. Click the following link to learn more about lawyers who can protect you when facing a theft and/or larceny charge. 

Definition of Theft

Theft is a broad term that refers to the unlawful taking of property from another person without their consent. This can include physical objects, such as money, jewelry, or electronics, as well as intangible items, such as intellectual property or trade secrets. Theft can also involve depriving someone of their property permanently or temporarily and can occur through a variety of means, such as deception, fraud, or force.

Definition of Larceny

Larceny is a specific type of theft that involves taking someone else's property with the intent to permanently deprive them of it. This can include stealing physical objects, such as a car or a piece of jewelry, or intangible items, such as trade secrets or intellectual property. Larceny can occur through a variety of means, such as shoplifting, embezzlement, or identity theft.

Legal Consequences of Theft and Larceny

The legal consequences of theft and larceny can be severe and can include:

1. Fines: Individuals who are found guilty of theft or larceny may be required to pay significant fines, depending on the value of the property that was stolen.
2. Imprisonment: Individuals who are found guilty of theft or larceny may be sentenced to serve time in prison, depending on the severity of the crime and the criminal history of the defendant.
3. Restitution: Individuals who are found guilty of theft or larceny may be required to pay restitution to the victim of the crime. This can include compensation for the value of the stolen property, as well as any other damages that the victim suffered as a result of the theft.
4. Probation: Individuals who are found guilty of theft or larceny may be placed on probation, which requires them to follow certain conditions, such as attending counseling or refraining from committing any further criminal offenses.

Defending Against Theft and Larceny Charges

If you have been charged with theft or larceny, there are several defenses that may be available to you. Some of these defenses include:

1. Lack of Intent: In order to be convicted of larceny, the prosecutor must prove that you had the intent to permanently deprive the victim of their property. If you did not have this intent, you may be able to argue that you did not commit larceny.
2. Mistake of Fact: If you believed that the property you took belonged to you or that you had a right to take it, you may be able to argue that you made a mistake of fact and did not intend to commit theft or larceny.
3. Duress: If you were forced to commit theft or larceny under threat of harm to yourself or someone else, you may be able to argue that you acted under duress and should not be held responsible for the crime.
4. Illegal Search and Seizure: If the police obtained evidence against you through an illegal search and seizure, that evidence may be inadmissible in court, which could help to weaken the prosecutor's case against you.

Conclusion

Theft and larceny are serious criminal offenses that can result in significant legal consequences, including fines, imprisonment, and restitution. If you have been charged with theft or larceny, it is important to seek the advice of an experienced criminal defense attorney who can help you understand your legal rights and defend against the charges. By exploring possible defenses, you may be able to reduce your chances of jail time and/or fines given.