Larceny refers to a type of theft crime in which a perpetrator takes the property of another individual without their consent and with the intention of permanently depriving the individual of their property.
Pursuant to criminal laws, property is defined broadly and may be categorized as movable or immovable. Larceny involves a taking of property that can be carried away, such as personal property.
The legal elements of larceny include:
- The perpetrator takes and carries away;
- Personal property that belongs to another person;
- Without the other person’s consent; and
- The perpetrator intends to permanently deprive the owner of their property.
Larceny is typically understood to be the taking and carrying away of personal property without the use of fear, duress, or force. This is in contrast to robbery, which is the taking or attempting to take a thing of value by force or by the threat of force, or fear.
The main difference between these two criminal offenses is the use of force or fear to accomplish the taking in a robbery. A theft is any taking of property of another individual without that individual’s consent with the intent of depriving that individual of the property.
Both larceny and robbery are forms of theft. Theft is a categorical term for all crimes of taking property, both real property and personal property.
Theft includes all forms of taking, whether accomplished by the use of force or fear, by fraud, or by theft by deception. Therefore, larceny is a form of theft.
Are There Different Types of Larceny?
Each state may define larceny differently as well as categorize the types of larceny differently. Typically, however, larceny is categorized on the basis of the value of the property that is taken.
Larceny that involves an item with a higher value is categorized as grand larceny. Petit, or petty, larceny is larceny of an item of lesser value.
Every state determines what value separates grand larceny from petty larceny. The majority of states also categorize larceny as felony larceny or misdemeanor larceny.
This value of the property that is stolen may be one of the factors that determines whether a larceny is classified as a felony or a misdemeanor. However, the value of the property stolen is not the only factor.
For example, in the state of North Carolina, felony larceny includes the following:
- The theft of goods that are valued at more than $1,000;
- Theft of property from another person, no matter the value of that property;
- Theft of property in connection with a burglary;
- Theft of any incendiary or explosive substance or device, no matter the value, but not including:
- fireworks;
- gasoline;
- butane gas;
- natural gas; or
- any explosive or incendiary properties that serve legitimate non-destructive and non-legal uses;
- Theft of a firearm, no matter the value; and
- Theft of any record or paper in the custody of the North Carolina State Archives.
This list is not an exhaustive list. There are also other theft offenses that are categorized as felony larceny in North Carolina.
The nature of the property, the value of the property, and the manner in which it was taken may all affect whether the larceny offense is categorized as a felony or a misdemeanor.
What are the Legal Penalties for Larceny?
As previously noted, larceny is typically considered to be a misdemeanor if the value of the property taken is below a certain threshold, for example, $1,000. A misdemeanor is considered less serious than a felony and is typically punishable by fines or a sentence of less than one year in a county jail.
A misdemeanor sentence may not be served in a state prison, as a prison sentence is generally meted out for felony crimes. Certain types of larceny may be considered even less serious than a misdemeanor and may result in a citation or a fine, similar to a speeding ticket.
As previously noted, the punishment for grand larceny may be more serious than the punishment for petty larceny. Grand larceny may be charged as a felony, under certain circumstances.
The punishments for a felony conviction may include a prison sentence of more than one year, as well as significant fines up to tens of thousands of dollars. The penalties may increase in proportion to the amount of property that was stolen.
There are certain states that have created specific categories of felony larceny, for example, breaking the crime into degrees of felony larceny, including:
- Larceny in the third degree for a theft property valued up to $5,000;
- Larceny in the second degree for a theft of property valued between $5,000-$50,000; and
- Larceny in the first degree for a theft of property valued above $50,000.
Aggravating factors are characteristics of the crime that make it more serious and possibly more dangerous. In terms of larceny, more serious punishments may result if any of the following aggravating factors were present:
- The perpetrator has a prior conviction, so the offense is a repeat of previous offense;
- The act was committed to advance a more serious crime; or
- A deadly weapon was used in the commission of the offense.
There may be certain alternative sentencing options available to a perpetrator upon conviction of the crime, based on the specifics of their case. For example, completing a community service program as opposed to serving jail time or paying fines may be an alternative option.
Alternative sentencing allows an individual who is convicted of an offense to avoid some of the harsher, more traditional penalties. Alternative sentencing is commonly reserved for first time offenders, those convicted of petty offenses, and juvenile offenders.
What is Grand Larceny in Nevada?
An individual commits grand larceny in Nevada when they intentionally does any of the following with property worth $650 or more that belongs to another individual:
- Steal;
- Take and carry away;
- Lead away; or
- Drive away.
What is Grand Larceny of a Motor Vehicle in Nevada?
In the State of Nevada, grand larceny of a motor vehicle is the term that is used for car theft or grand theft auto. This criminal offense is defined as intentionally stealing a motor vehicle that is owned by another individual.
Stealing means to take a vehicle away from the owner’s possession. To take a vehicle away refers to the act of driving the vehicle away or otherwise removing it from the place where the owner left it.
Are Grand Larceny of a Motor Vehicle and Carjacking Similar Crimes in Nevada?
In Nevada, grand larceny of a motor vehicle is not similar to carjacking. Carjacking is a more serious offense than grand larceny of a motor vehicle.
Carjacking involves attempting to take a motor vehicle by violence, threat, or force.
What is the Punishment for Grand Larceny of a Motor Vehicle in Nevada?
The criminal punishment for grand larceny of a motor vehicle in Nevada depends on the value of the motor vehicle that was stolen. If the value of the vehicle was less than $3,500, the perpetrator will face a Category C felony that is punishable by:
- One to five years in prison;
- Restitution; and
- A $10,000 fine.
If, however, the value of the vehicle is more than $3,500, then the crime is a Category B felony. An individual who is convicted of a Category B felony faces:
- One to 10 years in prison;
- Restitution; and
- A $10,000 fine.
Can a Lawyer Help Me with My Grand Larceny of a Motor Vehicle Case in Nevada?
Yes, an attorney can provide you with assistance if you have been charged with grand larceny of a motor vehicle in Nevada. It is important to consult with a Nevada criminal lawyer as soon as possible to determine how to proceed with your case.
Your attorney can review the case against you, advise you of your options, and represent you in court. In addition, your attorney can attempt to negotiate a plea deal or a reduction in the charges against you.
