Sometimes, people get wrongly accused of criminal charges such as theft, battery, or homicide because of misleading evidence/testimonial of an eyewitness. However, it gets difficult to fight charges like larceny, wherein the accused intentionally commits the crime.

Larceny is defined as a criminal offense committed when a person unlawfully takes the personal property or assets of another person who is actually the rightful owner. The larceny law deals with certain types of theft crimes, which include stealing credit cards, wrongfully claiming someone else’s vehicle, shoplifting, and falsely obtaining services in another person’s name.

Many people are unfamiliar with this law, and consider this crime to be synonymous with stealing. It may be true in some cases, but if you are charged with larceny, you must consider the specific elements of the crime, as they are quite nuanced and require the utmost attention to detail.

Read on to know more about larceny and how you can use legal defenses to prove your innocence in court.

What Are the Key Elements of Larceny?


Larceny is considered a statutory criminal offense, and the exact charges can vary depending on the value of the property taken. Each state also has clear codes and punishments in place for the person found to be guilty of committing such a crime.

A renowned attorney at a New Mexico criminal law firm mentioned that, “People can also be charged for larceny for identity theft, which is fraudulently using another person’s personal identifying information to open accounts, obtain credit, services, or other things of value. In such a situation, you should not accept the charges immediately, and should seek legal aid to prove your innocence.”

For an individual to be charged with larceny, specific elements must be in place. If one or more of these elements are missing, it can result in different charges like burglary, robbery, or theft. Here are the three key elements of larceny that should be a part of the charges:

To prove larceny, it needs to be established that the property has been taken or picked by the accused so that it is no longer in the possession of the rightful owner. Note that the taking of the property must be unlawful, so if it is procured for a lawful purpose, it will not constitute a larceny. In some states, the law also requires that the taker must carry the property away, while others have completely eliminated this requirement to broaden the scope of the crime.

For this element of larceny, it needs to be proven that the accused must have used force, threats, or deceit to take the property from the owner. If the rightful owner of the property has given the defendant consent to take certain property, then it does not qualify as larceny. When the owner isn’t aware that his/her property was taken by another person, then it will be treated as theft.

The final element in larceny requires the victim to prove the taker’s intent (i.e., the latter wanted to permanently deprive the owner of the property’s use). If it’s proven that the person who took the property intended to eventually return it, then it doesn’t amount to larceny.

If you are facing larceny charges, it is advisable that you consult a defense attorney for legal representation and professional guidance. One way to defend your case is by proving that your actions didn’t meet one or more of the elements listed above. Focusing on these elements is a general approach used by most defense attorneys, but there are other defenses that can be helpful even when you have actually admitted to picking the property.

If you’ve been charged with larceny, then the following arguments can help you formulate a strong defense strategy.

Larceny is a specific intent crime, which means that the person knowingly committed the criminal act, and also that there can be no larceny by mistake. Your lawyer needs to prove that there was a reasonable belief that you owned said property, which is why you need not have to unlawfully pick somebody else’s.

In several cases, defense attorneys use the argument of entrapment. Legally speaking, entrapment occurs when a person influences an innocent party to steal something that they wouldn’t have taken otherwise. It may be difficult to prove this in court, as you may not have threat notes or extortion mails to prove entrapment. To prove innocence using this argument, the accused must not have had any prior inclination to commit the crime, and should also be acting on the enticement of the one misleading him/her.

If your attorney can prove that you were forced to commit larceny by a third person, then it may be a convincing argument that may work in your favor. You need to offer sufficient proof that you were facing threats or being blackmailed for the jury to agree that you did not act voluntarily and, therefore, should not have to bear the full consequences of committing the crime.

If you were under the influence of alcohol or drugs when committing the act, then this can be used to explain in court that you were unable to think rationally at that time. Alternatively, you can also prove that you mistook the circumstances surrounding the incident, and took the property assuming that it was unclaimed.

A criminal record can hamper your personal relationships, professional career, social life, and even future. It is better to find a legal path to resolve the matter and avoid undesirable consequences. If you have been charged with larceny, you may have to undergo a trial to prove your innocence. Hiring a skilled and experienced defense lawyer can increase the chances of proving your innocence in court and avoid false convictions.