Many Texans may think of larceny as common theft or stealing. However, some jurisdictions maintain conventional distinctions that consider larceny as a crime of its own and set it apart from other types of property offenses, such as robbery or embezzlement.
In order for an individual to be convicted of larceny, there must be proof that someone else’s property was taken away illegally. It is also necessary to prove that the property was taken without the owner’s consent and that there was intent to permanently withhold the property from the owner.
The initial phase of a larceny crime pertains to taking someone else’s property illegally. This means that if the removal or acquisition of the property was conducted in order to fulfill a lawful purpose, such as when a vehicle is repossessed by a financial institution for non-payment, it is not considered larceny.
In some states, it is necessary to prove that the individual accused of larceny carried the property away. In cases in which the property in question is immovable, it can be considered larceny if the perpetrator obtained control of the property and also removed the enjoyment and use of it from the owner.
In order for larceny to be applied, the property that was taken has to belong to someone else. Larceny would not be applicable if the property in question belonged to the person who took the property, even if someone else was in possession of the property at the time.
A criminal defense attorney may work to protect the rights of a client who has been accused of a federal crime. Depending on the circumstances of the case, litigation may be necessary to have the charges reduced or dismissed.