Larceny is the taking of someone else’s property without permission or the taking of almost anything of value without the consent of the owner, with the intent to permanently deprive him or her of the property taken. Florida recognizes degrees of theft, such as “grand” or “petty,” which relate to the value of the property which was taken. Larceny is a specific intent crime. The person taking the property must have intended to commit larceny, there can be no larceny by mistake.
There are various stages required for larceny to be charged. You want to be sure top Defense Attorney André A. Rouviere is by your side throughout the entire overwhelming process.
The first stage in a larceny involves the unlawful taking of another’s property. The perpetrator has to have taken control of the property and removed its use and enjoyment from the owner for the first element of a larceny to be present.
In addition, the property in question must belong to someone else. If the property belongs to the person taking it, then they have not committed larceny, even if the property was in the possession and control of someone else at the time it was taken.
Larceny can occur also if the owner of the property doesn’t have possession of it, as long as the person in control of the property had a better legal claim to the property than the person who took it. People who co-own property can also commit larceny if they deprive their co-owner(s) of their right to the property.
Even if someone intends to steal, if the owner consents to the transfer of ownership of the property, no larceny occurs. No larceny would occur if the owner approves of the removal of the property.
The final element for larceny to be charged involves the taker’s intent to permanently deprive the owner of the use and enjoyment of the property. If, eventually, the person who took the property intended to give it back, or if a person had reasonable belief that they owned the property they are taking, it does not constitute larceny.
Florida separates larceny into different categories based on the value of the item stolen. “Grand” larceny applies to higher-value items, and “petit” (or “petty”) larceny applies to items of lesser value. Some larcenies can be treated as felonies, and others can be treated as misdemeanors.
If you have been charged with a Larceny, make sure that your rights are defended.
Call Law Offices of André A. Rouviere Today to schedule a Free Consultation. 305.774.7000