Larceny




Larceny

Larceny is a crime that involves the theft of something from someone else. There are two main components of larceny:  trespassing and asportation. Larceny is usually the taking of a property with the express desire to not give it back to its owner. A person who commits larceny does so wrongly and fraudulently.  The person committing larceny usually intends to keep the stolen property or to make some capital gain from it.

When a person commits trespass they are committing some unlawful interference with another person’s self, property, or rights. Someone committing larceny commits trespass. Laws regarding trespass and larceny limit the actual crime to a violation against the rights of possession. Laws regarding larceny in this manner only are against criminals who take possession of some property that they knew belonged to another person. If a person takes something that they did not reasonably know belonged to someone else then they are not committing larceny.

Asportation is the transport of the property to another location, away from its original owner and without the owner’s consent. If the property involved is not removed then no larceny has occurred.  Larceny is not a crime that involves real estate property, nor does it involve taking services without paying for them. 

Larceny definitively involves the owner of the property as well. If the property is taken against the owner’s will then larceny has occurred. The theft and the trial must occur in the same county in the US.  If the perpetrator of larceny is caught in another county they still can be tried in the new county. This type of larceny is a new case that begins upon entering a new county and involves a type of trespassing with criminal intent.

Cases of larceny usually have to prove intent as well.  Intent is the pre-formed planning of the taking of property. The primary focus of the intent of the person committing larceny is to deprive the other person of their property forever. This intent must be present regardless of whether the person committing larceny gained from the taking of the property or not.

Types of larceny include grand larceny, petit larceny, and larceny by deception. Grand larceny involves the theft of property that is over a certain price range. Petit larceny is theft of property under a certain monetary value. Larceny by deception happens when the victim is duped into giving up possession of the property.

Cases of larceny are often complicated and can involve several different interpretations of the legalities of the case. Other crimes such as theft, embezzlement, or robbery are easier definitions to apply to certain cases. Experienced lawyers, who are well versed in the intricate nature and changeability of the crime, should only try cases of suspected larceny. Only an experienced larceny attorney can know about recent changes or particular nuances of a larceny law.

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