Larceny Penal Code 484
Larceny is a theft offense classified as a crime against property. It is a trespassory taking of property that rises to a level beyond just a civil action and is criminal in nature. At common law, larceny was defined as the (1) taking (2) and trespassory carrying away (asportation-the carrying away of personal property of another) (3) of tangible personal property (4) of another (5) with the intent to permanently deprive that person of said property.
California Penal Code Section 484 defines Larceny as follows: (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.
California Statutory law has modified the common law definitional requirements for a larceny. In addition, California law has varying degrees of larceny and will categorize the larceny such as petty larceny or grand larceny depending on the value of the larceny.
At common law, Larceny was a specific intent crime. Loosley translated this means that the Defendant must have intented to permanently deprive the victim of his property at the the time of the taking of the property the defendant is accused of taking.
Larceny by Trick:
Larceny by False Pretenses:
Defenses to Larceny: Have you been falsely accused of committing the criminal offense of larceny? Do you need the help of an attorney in order to mount a criminal defense to the charge of larceny? What legal defenses are available in California?
What due process of law is a criminal defendant entitled to when defending a criminal charge of larceny? What is the criminal court process in a criminal larceny case?
Our Southern California criminal attorney serves greater Orange County in communities such as Newport Beach, Santa Ana, Irvine, Westminster, Costa Mesa, Huntington Beach, and Laguna Beach and routinely appears in the local courts such as the Orange County Central Courthouse (Santa Ana Court), Newport Beach Courthouse (Harbor Justice Center), Westminster Courthouse, Fullerton Courthouse, Los Angeles Courts, North County San Diego Courthouse (Vista Court), Riverside Courts, and Long Beach Courthouse. Contact an Orange County criminal attorney in our Newport Beach office for further help with your Southern California criminal law charges.
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