The terms larceny and theft might feel interchangeable, but they are distinct concepts within the realm of criminal law. While both involve unlawfully depriving someone of their property, understanding the nuances is critical, especially if you're facing charges. Theft, for instance, has many forms, including theft by conversion, theft by deception, theft by extortion, and theft by taking. One of the most common types of theft in Georgia is theft by taking, commonly referred to as larceny.
Our team at The Abt Law Firm can help you better understand the key differences between larceny and theft, the possible consequences of being convicted, and what to do if you face such charges in Georgia.
What is Larceny?
Larceny is defined as the unlawful taking of someone else’s property or services with the intent to permanently deprive them of it. The property involved can be personal property (such as a cellphone, jewelry, or a wallet) or real property (such as land).
For example, if a person takes valuable electronics from a store without paying or steals someone’s purse intending to keep it, that constitutes larceny. On the other hand, failing to pay for services provided, such as a repair job or a meal at a restaurant, may also fall under the scope of larceny as theft of services.
It’s essential to note that you cannot commit larceny if you are at least a partial owner of the property in question. Ownership rights play a critical role in determining whether or not an offense is classified as theft.
What is the Difference Between Larceny and Theft?
While larceny is a specific criminal act, theft serves as an umbrella term for various unlawful acts involving stolen property or services. Other common types of theft include the following:
- Theft by Conversion: Using someone else’s property for a purpose that explicitly violates an agreement, such as borrowing money for one purpose and misappropriating it for another.
- Theft by Deception: Gaining control over someone else’s property through deceit or fraudulent promises. For example, convincing someone to transfer funds for a fake investment scheme.
- Theft by Extortion: Illegally obtaining property by threatening to expose sensitive information or cause harm if the property is not surrendered.
- Petty Theft and Grand Theft: These categories primarily refer to the dollar value of the stolen items or services.
Understanding these distinctions can help clarify what type of charge someone may face.
Is Larceny a Felony or Misdemeanor in Georgia?
The classification of larceny as a misdemeanor or felony in Georgia depends largely on the value of what was stolen. Some potential charges include:
- Misdemeanor Larceny: If the stolen item or service is valued at $500 or less, the crime is usually charged as a misdemeanor. Convictions carry penalties of up to 12 months imprisonment and fines up to $1,000.
- Felony Larceny: If the stolen item is valued over $500, the crime typically constitutes a felony. However, under certain circumstances, a judge may reduce the charge to a misdemeanor. Felony convictions carry much stiffer penalties, including imprisonment that ranges from 1 to 10 years and fines up to $100,000.
It’s also important to be aware of the civil consequences. Victims of theft have the right to pursue civil charges against the offender to recover damages such as compensatory damages, liquidated and exemplary damages, as well as attorney fees and court costs.
What is Grand Larceny vs. Petty Larceny?
Grand larceny and petty larceny are terms often associated with the value of the stolen property or services.
Grand larceny involves theft of items with significant monetary value, such as luxury vehicles, high-value jewelry, or expensive electronics. It is often classified as a felony.
Whereas, petty larceny, sometimes referred to as petit larceny, involves lower-value theft crimes. While still illegal, these are less severe and are typically charged as misdemeanors. For example, shoplifting inexpensive goods would constitute petty larceny.
Potential Defenses Against Larceny Charges
Facing a larceny or theft charge can be stressful, but there are several potential defenses. Some may include the following:
- Lack of Intent: Prosecutors must prove intent to permanently deprive the owner of their property. If the accused never intended to keep the property, this could serve as a defense.
- Mistaken Identity: Innocent people are sometimes wrongfully accused. Proving you were not the person responsible for the theft could absolve you of charges.
- Ownership Claim: If you owned or partially owned the property, it might not qualify as larceny.
- Entrapment: If someone was coerced or tricked into taking property, this defense might apply.
Every case is unique, and an experienced criminal defense attorney can evaluate your situation to build the strongest possible defense.
The Role of an Experienced Larceny Lawyer
If you are facing a larceny charge, having the right legal representation is crucial. A knowledgeable larceny lawyer will guide you through the complexities of Georgia law, help evaluate the evidence, and fight to achieve the best possible outcome for your case.
Atlanta Theft Crime Lawyers
At The Abt Law Firm, LLC, we understand how daunting it can be to face larceny or theft charges. With years of experience defending clients across Georgia, we know what it takes to protect your rights. Whether you’re charged with petty larceny, grand larceny, or any theft offense, our attorneys are here to fight for you.
We are committed to creating personalized defense strategies that aim to reduce penalties, dismiss charges, or secure the most favorable conclusion to your case. Additionally, we can help mitigate potential civil consequences, such as compensatory damages.
Don’t wait to seek help. Your future and freedom are too important to leave to chance. Contact our experienced team at The Abt Law Firm, LLC today to schedule a free consultation. Contact us today to learn more about how we can help defend your rights.
Whether you’re dealing with allegations of grand larceny, petty theft, misdemeanors, or felonies, The Abt Law Firm is here to be your trusted advocate every step of the way.
