Larceny is the legal term for theft, involving the unauthorized taking of someone else’s property. It’s categorized based on the value of the stolen items, ranging from petty theft for smaller amounts to grand larceny for larger values. Understanding larceny is important as it helps in recognizing the seriousness of this crime and its legal implications.
By Brad Nakase, Attorney
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Larceny is a common law crime involving the unauthorized taking and carrying away of someone else’s tangible personal property with the intent to permanently deprive the owner of the possession. The key elements that prosecutors have to prove for a larceny conviction typically are:
Elements
The definition and elements of larceny can vary slightly by the jurisdiction but these core requirements are fairly standard in most places. Proving these elements beyond a reasonable doubt is very necessary for a larceny conviction.
The main differences between larceny and theft are:
| Aspect | Larceny | Theft |
|---|---|---|
| Definition | Unlawful taking of someone else’s property without their consent. | General term for taking someone’s property without permission with intent to keep it. |
| Legal Classification | Often classified based on the value of the property (e.g., petty or grand larceny). | Varies widely, includes all forms of stealing, regardless of property value. |
| Examples | Shoplifting, purse snatching, bicycle theft. | Burglary, robbery, identity theft, auto theft. |
| Severity | Ranges from minor (petty larceny) to serious (grand larceny) based on property value. | Severity can range from minor to very serious, depending on the circumstances. |
| Intent | Intent to permanently deprive the owner of the property. | Intent to take property without permission, regardless of duration or property value. |
In summary, larceny specifically refers to the act of illegally taking someone else’s property through stealth rather than the force. Theft is a much more general term that can include larceny but it also covers other related property crimes committed using the force and unlawful entry. The legal definitions and penalties associated with each are very different.
The main differences between larceny and robbery are:
| Aspect | Larceny | Robbery |
|---|---|---|
| Definition | Unlawful taking of someone else’s property without their consent. | Taking property from a person or in their presence, against their will, through force or intimidation. |
| Legal Classification | Classified based on the value of the property (e.g., petty or grand larceny). | Considered a more serious crime due to the use of force or threat. |
| Examples | Shoplifting, purse snatching, bicycle theft. | Mugging, bank robbery, carjacking. |
| Use of Force/Threat | No use of force or threat against a person. | Involves force or threat of force. |
| Intent | Intent to permanently deprive the owner of the property. | Intent to take property through force or fear. |
In summary, the main distinction is that robbery involves force or threat against a person to steal from them directly. Larceny takes someone’s property without using any violence or threats against the person. Robbery is considered the the more dangerous, aggressive crime with many harsher legal penalties.
When the value of the property is worth less than or equal to $1,000, it is usually classed as a Class 1 Misdemeanor Larceny in North Carolina. If the charge is for concealing merchandise in a store for later shoplifting, the charge may be downgraded to a class 2 or 3. There are a lot of factors considered in misdemeanor larceny sentencing, including the criminal history of the defendant.
The charge is felony larceny if any of the following factors are involved:
The class of the felony will impact sentencing in your larceny case.
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