If you’re facing grand larceny charges, you need to get in touch with a skilled criminal defense attorney as soon as possible about your case. Grand larceny charges involve theft of property valued at $500 or more. Grand larceny is a felony, meaning you will face a minimum of one year behind bars, if convicted. You could face up to 25 years in prison, or longer, depending upon the unique circumstances and potential additional charges associated with your particular case. As with most cases involving theft, the property value and intent both play major rolls in the defense. Whether you’re facing petit larceny charges or grand larceny charges, the sooner you speak with a lawyer, the better.
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Elements of a Grand Larceny Crime
- The property was taken and carried away.
- It was the personal property of another person.
- That personal property had a value of $500 or more.
Additional Elements Involving Felony Larceny Theft
- The State has to prove intent.
- The State hast to prove that you intended to take the property permanently.
- The State must prove that you had no legal right to possess the property and that you didn’t have consent.
- The State must prove the identity of the true owner of the item or property in question.
- Being in possession of the recently stolen property can be used against you.
- Grand larceny doesn’t apply to keeping lost and found property.
Property Value in a Grand Larceny Case
Where larceny charges are concerned, the property value amount of the items in question is of utmost concern. If the property is valued at less than $500, you’re looking at a lesser charge of petit larceny. If the property in question is valued at more than $500, you’re looking at felony grand larceny charges. It’s important to understand that in some cases, the prosecutors can allege that the value of the property or goods far exceeds the fair up-to-date actual market value. You and your lawyer can discuss whether or not it can be argued that the items are worth less than what the prosecutor alleges. Many stolen items do lose value over time, so this is an essential point to examine in any larceny case.
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The State and Property Value in a Grand Larceny Case
- The State is required to prove that the property in question had a value of $500 or more.
- If the value is less than $500, you could be looking at a lesser charge of petit larceny.
- In the State of Mississippi, the ‘value’ is the fair market value of the item at the time stolen, not the full retail or new price.
- The value can be shown by looking at the replacement cost value of the item.
- The value can be shown using similar items on the open market.
- The value may be shown through what the person paid for the item, as long as it was recently purchased.
- Defendants have the right to introduce evidence that the value of the property is less than $500.
Intent to Deprive
The prosecution will also have to prove that you had an intent to deprive. This means that you intended to permanently deprive the victim of their property. Grand larceny doesn’t apply to cases involving borrowed items. Taking something by mistake or accident would also not apply to a grand larceny case. The burden is on the prosecution to show that there was an actual intent to deprive the victim of his or her property. If this is a case of miscommunication or overdue borrowing of an item, you need to tell your lawyer immediately. It’s essential to clear up any miscommunications and ensure that there is now way you can get convicted of a crime you didn’t commit.
Potential Additional Charges Related to Grand Larceny
- Criminal possession of stolen goods
- Petit larceny
When to Speak with a Criminal Defense Lawyer
After any kind of arrest, it’s essential to get in touch with a skilled criminal defense attorney as soon as possible about your case. Whether you’re facing grand larceny or petit larceny charges, you need a skilled lawyer on your side, fighting for your rights. Your freedom and your future depend on it. If you or somebody you love has been accused of grand larceny or some other type of theft crime in or around the Jackson Metro area, contact the skilled lawyers at Coxwell & Associates, PLLC at 877-231-1600 for an immediate case consultation.