Larceny
Theft, also known as Larceny, refers to the illegal taking of money or other property from another person or business with the intent to permanently deprive the person of his/her property.
If the property in question is valued at $950 or less, you can be charged with petty theft under Penal Code 484(a) and PC 488. If the property in question is valued at more than $950, then you could be charged with grand theft under Penal Code 487.
The majority of petty theft cases arise when someone physically takes property that belongs to someone else. There is aspersion, meaning the thief has moved the property from one place to another, even if only slightly. Aside from theft by larceny, you can also be charged with petty theft if you engage in trickery. For example, you might alter the price tag on an object in a store to pay less for it. You can also commit theft by embezzlement or fraud.
Petty theft is a misdemeanor in California law with most maximum penalties of a fine up to $1,000, up to six months in jail, or both, if convicted.
In most cases, the offense of grand theft in California is a ‘wobbler’. This means that the prosecutor may choose to charge you with either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history, if any. The maximum potential sentence for misdemeanor grand theft is up to one year in county jail. For felony grand theft, you may be sentenced to 16 months, two years, or three years of incarceration.
One of the worst consequences of a larceny conviction is that it goes on your criminal record, which can make it very difficult to find a job employment. Potential employers generally do not look favorably at a candidate with a grand theft conviction.
Further, depending on what property is alleged to have been stolen, you can be charged with other more serious crimes. For example, grand theft of a firearm is always treated as a felony and the potential sentence for this offense is 16 months, two years or three years in a California state prison. Moreover, grand theft firearms is considered a ‘serious’ felony under Penal Code 1192.7(c). That makes it a ‘strike’ offense under California’s three strikes law.
If the property in question is valued at $950 or less, you can be charged with petty theft under Penal Code 484(a) and PC 488. If the property in question is valued at more than $950, then you could be charged with grand theft under Penal Code 487.
The majority of petty theft cases arise when someone physically takes property that belongs to someone else. There is aspersion, meaning the thief has moved the property from one place to another, even if only slightly. Aside from theft by larceny, you can also be charged with petty theft if you engage in trickery. For example, you might alter the price tag on an object in a store to pay less for it. You can also commit theft by embezzlement or fraud.
Petty theft is a misdemeanor in California law with most maximum penalties of a fine up to $1,000, up to six months in jail, or both, if convicted.
In most cases, the offense of grand theft in California is a ‘wobbler’. This means that the prosecutor may choose to charge you with either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history, if any. The maximum potential sentence for misdemeanor grand theft is up to one year in county jail. For felony grand theft, you may be sentenced to 16 months, two years, or three years of incarceration.
One of the worst consequences of a larceny conviction is that it goes on your criminal record, which can make it very difficult to find a job employment. Potential employers generally do not look favorably at a candidate with a grand theft conviction.
Further, depending on what property is alleged to have been stolen, you can be charged with other more serious crimes. For example, grand theft of a firearm is always treated as a felony and the potential sentence for this offense is 16 months, two years or three years in a California state prison. Moreover, grand theft firearms is considered a ‘serious’ felony under Penal Code 1192.7(c). That makes it a ‘strike’ offense under California’s three strikes law.
Examples of Defenses Against Larceny
Some people are accused of larceny when they did not intend to steal the property in question. For example, someone might be trying on an item of clothing in a store and steps outside to take a phone call. If something like this has happened to you, we invite you to contact us as soon as possible so that you are not wrongly charged.
Even if the evidence against you is overwhelming or you have already confessed, it is still essential that you contact Walk Free Law as soon as possible. It is a lot easier to negotiate a plea bargain for larceny, which is a non-violent crime, than it is for a violent crime such as rape or murder. Our firm often negotiates informal resolutions larceny cases whereby the accused agrees to pay restitution and compensate the victim if the charges are dropped.
Even if the evidence against you is overwhelming or you have already confessed, it is still essential that you contact Walk Free Law as soon as possible. It is a lot easier to negotiate a plea bargain for larceny, which is a non-violent crime, than it is for a violent crime such as rape or murder. Our firm often negotiates informal resolutions larceny cases whereby the accused agrees to pay restitution and compensate the victim if the charges are dropped.