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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
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| LARCENY |
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What is Larceny? |
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Larceny is taking someone else’s property, without their permission, moving it, and intending to steal it. |
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Example: Taking someone’s cell phone and not intending to give it back. |
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Penalties:
The penalties for larceny 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
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What Defenses Are There? |
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Consent: |
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The actual owner of the property agreed to let the alleged perpetrator have it or use it. |
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Lack of intend: |
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The alleged perpetrator did not intent to permanently keep the property, but just to use it for a short period of time. |
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Claim of right: |
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The alleged perpetrator actually owned the property or the actual owner of the property intended to give it to the alleged perpetrator. |
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Jury Instruction: |
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The defendant is charged with the crime of larceny. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
First, that the defendant took someone else's property.
Second, that the property was taken without consent.
Third, that there was some movement of the property. [It does not matter whether the defendant actually kept the property or whether the property was taken off the premises].
Fourth, that at the time the property was taken, the defendant intended to permanently deprive the owner of the property.
(6) Fifth, that the property had a fair market value at the time it was taken 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.
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Why Should You Hire the Ambrose Law Group? |
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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.
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Related topics |
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