Featured News 2013 Define the Law: Larceny

Define the Law: Larceny

The act of larceny is defined as a type of theft that is as unlawful taking away of the possession of another individual. Larceny specifically addresses the taking a property from the actual possession of another person or the riding away of property from the possession of the owner. This would include: pick-pocketing, purse-snatching, theft from inside a motor vehicle, bicycle theft, shoplifting, theft from buildings, etc. The law defines larceny as "taking of "constructive possession" which means that if a person does not possess physical custody of an object and they take it from another person it is considered a crime.

Generally, larceny and theft is the same thing, just a different word, therefore the unlawful taking of someone else's "stuff" is considered to fall under this category. There is only one exception to this rule and that is when there is the theft of a motor vehicle, because it has its own separate category of criminal charges. The main reason for this is due to the commonality of auto thefts and therefore there are stricter laws regarding grand theft auto. Continue reading for a brief explanation of the various forms of larceny.

Pick-pocketing means that the suspect acted in a stealth manner in order to obtain the objects that were actually on the victim of the theft. In most cases, the victim doesn't even realize what happened until later on, and often after it is too late. Generally the most common items that are stolen include a wallet or valuable item from a woman's purse or a man's pocket. These types of crimes occur usually in larger crowds when the victim won't notice a stranger getting too close to them. However, it is important to realize that if the suspect uses any means of force in order to obtain the items it will be classified as robbery rather than just simple larceny.

Purse-snatching is not uncommon, and in most cases the woman victim will witness the theft happening and yet be unable to do anything about it. This includes purses, handbags, etc. That is taken from the direct possession of a person. Again, this is considered larceny if it is just a quick snatching of the item, if the suspect uses any force or violence the charges category will change.

Shoplifting is easily explained as the taking of any product or good from a place that originally meant for being sold; a store employee cannot be accused of shoplifting if they are on the clock. The person committing the act was given legal access to the premises and therefore the theft was not done so by using unlawful entry or trespassing; though they were required to pay for the item which makes the charges against them theft.

Theft from a motor vehicle means that a person took something from within the car such as their CD collection, MP3 player, cell phone, wallet or purses, cameras, etc. Any sort of vehicle is included in this category, whether it is a large 18-wheeler truck or a small sedan. Physical parts from the motor vehicle that are stolen also fall under the category of larceny and can be either an exterior or interior part of the vehicle. This often times includes radios, transmissions, motors, heaters, wheel covers, hubcaps, license plates, registration tags, radar detectors, etc.

In the event that you have been arrested for larceny, do not hesitate in contacting an experienced criminal defense attorney in your area who can fight to protect your rights. Depending on the value of the items taken and the specifics of the situation will determine the extent of the charges against you and the possible penalties you could be facing. Don't risk your future, contact an attorney immediately!

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