What Is Larceny in Florida
So What is Larceny in Florida?
While many people may be aware that the taking of property or possessions that do not belong to them is considered to be a crime in the Florida; many people are not aware of the specifics of criminal law and the different types of theft. While most people may be aware of theft, burglary; and other types of crimes, many do not know the specific definitions and what separates different types of offenses.
What is larceny?
Larceny originates under the common law of England and is still consider as a crime in the Florida. Larceny’s meaning in Florida as the taking of a person’s tangible property with the intent of permanently depriving them of that property. While this sounds confusing and legalistic, it’s actually rather simple.
By tangible possession, the item or object in question must be something that can be held, touched, and possessed; and does not extend to intangible items like knowledge, feelings, and things that cannot be grasp or transport. It also does not cover contracts, wills, services, and contracts.
In order to consider a crime as a larceny, the taking of the object in question must be complete. There should be proof that the person who commits the crime took complete control of the possession and transfer it from its original position (even if the movement was an extremely short distance). Since the transfer of the object from it’s original position to determine that the individual attempts to transport it away from it’s owner, the law provides for the action to be very slight.
Although some people may feel that the theft of property and other items that inhabit physical space may be larceny; large items that not easily removes do not fall under the definition of larceny. This means that the forced possession of land, wild animals, plants; buildings and other large items usually cannot prosecute as larceny.
If you or someone you love has accuses of a crime like larceny; it is important to consult an experienced criminal defense attorney to discuss your legal options. There are many different options available for people who are struggling with a criminal charge, and it is often helpful to discuss your defense with someone who has experience handling such matters.
Knowing more about Larceny Crime
A larceny crime can also charge as a felony or a misdemeanor; and as determined by the prosecutor who will use different factors to determine what the crime will be classified as. Most of these factors will include how much money the stolen item was worth; whether they use force, if any previous criminal history; and the motivation of the criminal to commit the larceny in the first place. Most larceny crimes are classified as felonies.
Sometimes, the larceny crime is determine to be a felony all together regardless of the value of the item that the accused stole. For example, if the accused stole an automobile, an animal, a farm product, if the accused stole directly off of another person, or if a firearm or other weapon during the crime, then the larceny auto will almost always in-line as a felony.
Smith & Eulo (http://smithandeulo.com/) has many years experienced and our larceny defense lawyers are dedicated to defend you and preserving the rights.