Larceny is unlawful possession of the property of another person or business with the intent to hold onto the property permanently. According to Statista, larceny is the most common type of crime in the United States with 4.6 million larceny cases in 2020. For the prosecution to prove larceny, they must prove the defendant meant to do all things as per the definition above. For a defense attorney to disprove larceny charges, they need to prove reasonable doubt. Let’s look into which strategies they can use.

1. Consent

There are a couple of instances where your criminal defense attorney can argue that the owner of a property you took allowed you to take it. If your attorney can prove this beyond a reasonable doubt, larceny charges don't apply. This is because, as per the definition, it wasn't unlawful possession of the property. For instance, someone can tell you to take something and can then claim it was stolen to get an insurance settlement.

2. Duress

Sometimes you can take possession of something unlawfully but only because you're being blackmailed or threatened to do it. The charges can be dropped if your criminal defense attorney can prove beyond reasonable doubt that you had no choice but to steal.

3. Impossibility

This criminal defense strategy can be used if there was criminal intent, but the factual circumstances prevented the crime from happening. For instance, if you took possession of someone's property but the property is legally yours, you can't be convicted of larceny.

4. Involuntary Acts

Larceny charges can only be proved if the crime was done voluntarily. This means that your criminal defense attorney can prove your actions were involuntary if you acted out of convulsion or reflex, a state of hypnosis, or unconsciousness when sleepwalking.

5. Withdrawal

This criminal defense strategy can be used if your defense attorney can prove beyond reasonable doubt that you abandoned your plan to steal. Note, this doesn't include instances when you stall your plan or find a different victim.

The punishment for larceny depends on whether it is petty or grand larceny. Either way, if you're facing such charges, you need to find a great criminal defense attorney. Contact Hollander and Hanuka Attorneys At Law if you are in need of any legal help.