|
|
Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
|
| |
|
| LARCENY BY TRICK |
 |
What is Larceny by Trick? |
| |
Larceny by trick is taking money or property by making a misrepresentation to someone else to get their consent to give you the money or property. |
| |
Examples:
Taking a down payment, but never performing the services promised. Renting a car for a few days, with the intent to never return it.
|
| |
Penalties:
The penalties for larceny by trick and larceny by conversion depend on the value of the property stolen:
Value of $20,000 or more: up to 10 years in prison and/or up to $15,000 Value of $1,000-$20,000: up to 5 years in prison and/or up to $10,000 Value of $200-$1,000: up to 1 year in jail and/or $2,000 Value less than $200: up to 93 days in jail and/or $500 |
|
|
What Defenses Are There? |
| |
 |
Lack of intend: |
|
| |
|
The alleged perpetrator did not intent to permanently keep the property, but just to use it for a short period of time. |
|
| |
|
Mistake: |
|
| |
|
If the alleged perpetrator did not intentionally trick or convert the owner, he may be innocent. For example, if one person rents a car and gives it to someone else, claiming that it is a gift, and without telling that person it is a rental car. The first person would still be guilty of larceny by trick, but the second would have a defense to a charge of larceny by conversion. |
|
|
|
Jury Instruction: |
| |
The defendant is charged with the crime of larceny by conversion. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the property was voluntarily transferred to the defendant. [It does not matter whether the property was transferred legally.] Second, that the property had a fair market value at the time it was transferred of: [Choose only one of the following unless instructing on lesser offenses:]
$20,000 or more. $1,000 or more, but less than $20,000. $200 or more, but less than $1,000. some amount less than $200.
Third, that the defendant either hid the property or wrongfully deprived the owner of the possession of it. Wrongfully depriving means using or keeping someone else's property without that person's permission. Fourth, that the defendant intended to defraud or cheat the owner out of the property permanently. Fifth, that the act was done without the owner's consent. [Choose one or more of the following:]
If the property was given to the defendant for some limited, special, or temporary purpose but the owner had no intention of actually giving the defendant ownership of it, and the defendant then took the property in a way that the defendant knew was not included in that purpose, that may be considered taking the property without the owner's consent. If the property was given to the defendant because the owner had a relationship of trust with the defendant and the owner had no intention of actually giving the defendant ownership of the property, and the defendant then took the property in a way that the owner did not intend, that may be considered as taking the property without the owner's consent. A relationship of trust means any relationship that exists because of the defendant's position as a [state position]. If you find that the defendant got the property by using some trick or pretense, you may consider whether the owner would have consented to the defendant taking the property if the owner had known the true nature of the act or transaction involved. |
|
|
Why Should You Hire the Ambrose Law Group? |
| |
Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.
We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.
You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
|
|
|
Related topics |
| |
|
|
|
| |
|
|
|
