Larceny involves the unlawful taking of an individual’s personal property by another entity or person. It is an offence under Section 117 of the Crimes Act 1900, carrying a maximum penalty of 5 years imprisonment. If you have been charged or suspected of stealing someone’s property, you ought to seek an experienced criminal lawyer to defend your legal matter. A criminal solicitor can prove your innocence or even get your larceny charges dropped early.
Keep reading to learn more about larceny and how criminal lawyers can help with your matter.
What is larceny?
Larceny is the criminal act of stealing an individual’s property without their consent. A good example is shoplifting, where a person steals property within convenience or retail stores. Larceny normally does not include violence, as this is classified under robbery.
It is essential to note that there is a difference between larceny and theft. Although both involve the unlawful act of taking another individual’s property, larceny only covers the theft of physical property. On the other hand, theft includes all forms of criminal stealing, such as car theft, fraud, embezzlement, identity theft and intellectual property theft.
If you are being charged with either larceny or theft, hire a criminal solicitor to represent you. A criminal solicitor can build and present your defence in a way that increases your chances of securing an acquittal, avoiding charges or achieving the best outcome at trial.
Your options in court
Your options in court after being charged with larceny or theft are to either plead guilty or not guilty.
1. Pleading not guilty
You can only be found guilty of larceny if the prosecution proves the following beyond reasonable doubt:
· You took and carried away property
· Another individual owns the property
· The owner did not permit you to take the property
· You had no intention of returning the property to its owner
If the prosecution is unable to prove all of these elements, you can plead not guilty. Some of the defence strategies your criminal lawyers can have for your larceny charge are:
· At the time of taking the property, you had no intention to permanently deprive the owner of it
· You found and took lost property
· The owner gave you the property by mistake, and you later discovered the mistake but kept it
· You were not aware the property was in your possession
· You honestly believed you had a claim of right
2. Pleading guilty
If you plead guilty to larceny charges, you accept responsibility for the charges laid against you. If this is the path you wish to take, consult with an experienced criminal lawyer first. They can offer legal advice and counsel to ensure you make the best decision for your circumstances.
Getting legal help in Sydney
If you are looking for skilled Sydney criminal lawyers to help with your larceny charge, Lamont Law Sydney is a great choice. You can get in touch with them here for your case.
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