Larceny Charges

What is Larceny?

Larceny, in its simplest terms, is theft. The Larceny offence covers theft of many kinds. Essentially, it’s Larceny if you steal something tangible, that has value, from someone else who rightfully possesses it.

It’s not Larceny to steal, for example, information, because this isn’t tangible. This is a separate offence. Your defence lawyer will go over the charge and explain exactly why you’re facing it if you’re unsure.

Types of Larceny

There are a few types of Larceny. These are:

• Larceny, as is described above
• Larceny by clerk: an employee or servant stealing from their employer or master
• Embezzlement by clerk: an employee or servant steals from their employer or master before the property ever reaches the rightful recipient (for example, an employee may embezzle funds)
• Shoplifting: stealing or taking an item from a store without paying for it

Whatever the scenario, Larceny is a potentially serious offence with severe long-term consequences. That’s why you must seek legal advice the moment you’re facing a possible Larceny charge.

How does the prosecution build a Larceny case?

To succeed in a Larceny charge against you, the police and the prosecution must show that:

• You took property;
• This property belonged to someone else;
• You took the property without the owner’s consent; and
• You planned on permanently depriving the owner of this property.

A defence lawyer will look at your situation and consider whether the prosecution has a strong case against you based on these principles.

Do I have a defence against Larceny charges?

There are some defences against Larceny. These defences include:

• Claim of right: where you genuinely and honestly believe that you had a legal right to the property which you took; or
• No intention to permanently deprive: this is when you stole something, but at the time of the theft, you didn’t plan on permanently depriving the owner of the property. In other words, you knew the property didn’t belong to you but you didn’t plan on stealing it forever. If, for example, you stole something and plan on returning it to secure a refund, you can’t use this defence, because you derived a benefit from stealing the item in the first place.

Larceny penalties

The courts can impose a wide variety of penalties on those convicted of Larceny. It all depends on the nature and severity of the offence. For example, the court can:

• Impose a prison sentence;
• Issue an Intensive Corrections Order (ICO);
• Issue a Community Corrections Order (CCO); and
• Impose a fine

Your lawyer can tell you more about which penalties you may be facing if you’re dealing with a Larceny charge.

Why Riviere Law

Early legal advice is critical when it comes to criminal law. No matter what criminal charge you’re facing, never hesitate to contact Marc to ensure you have the best possible chance of avoiding a conviction. You can be assured that clients are always at the heart of everything Marc does, and he will work tirelessly to ensure you have the best defence possible.

Contact Marc to arrange a conference

Testimonials