Grand larceny is a serious charge in South Carolina that can lead to years in prison. If you’re accused of grand larceny in SC, it’s important to understand how the legal system approaches these cases.
This blog will provide a detailed overview of grand larceny, including the difference between petit and grand larceny, the penalties for grand larceny, and how a Greenville theft defense lawyer can help with your case.
What is Larceny?
In simple terms, larceny refers to theft. South Carolina law section 16-13-30 defines larceny as the unlawful taking of another person’s personal property with the intent to permanently deprive the owner of it. Like many states, South Carolina divides larceny into two petit (or petty) larceny and grand larceny, based on the value of the stolen property.
Larceny and grand larceny apply to personal property and assets that can be moved such as furniture. These charges don’t apply to real estate.
It’s important to note there are distinct criminal charges for stealing certain types of property in South Carolina. For example, a person who steals goods from a store would be charged with shoplifting.
Items with special larceny laws include:
- Bicycles
- Bonds and promissory notes
- Dogs
- Livestock
- Gasoline
- Boats and boat parts
- Pieces of art or literature
- Crude turpentine
- Plants or animals from aquaculture organizations
- Electricity
Each of these categories has its own legal framework, with different fines and penalties depending on the value of the stolen items and other circumstances.
Larceny Vs Burglary vs Robbery
Larceny is a separate offense from other theft-related crimes such as burglary and robbery.
Larceny involves taking property without the use of force. Robbery involves the use of force, intimidation, or threats to take property directly from a person. For example, using a weapon to steal something would fall under armed robbery rather than larceny.
Burglary involves entering a building or dwelling without permission to commit a crime (such as theft) inside. Importantly, the crime doesn’t necessarily have to be theft—it could be another criminal act.
Petit Larceny vs. Grand Larceny in SC
In South Carolina, larceny is divided into two main categories: petit (or petty) larceny and grand larceny, based on the value of the stolen property.
If the stolen property is worth less than $2,000, the crime is classified as petit larceny. This is considered a misdemeanor and carries a relatively light penalty, typically up to 30 days in jail or a fine. When the value of the stolen property is greater than $2,000, the charge increases to grand larceny.
Penalties for Grand Larceny in South Carolina
Grand larceny is classified as a felony in South Carolina. Upon conviction, the penalties you may face will depend on the value of the stolen property.
- Stolen property valued between $2,000 and $10,000: This category of grand larceny is punishable by up to 5 years in prison and a fine of up to $1,000.
- Stolen property valued over $10,000: The potential prison sentence increases to up to 10 years. As with the lower-tier charge, a court-determined fine may also be imposed.
The judge will determine the sentence for grand larceny if you’re convicted. Judges may consider past offenses and your character when deciding the penalty. Having a skilled defense attorney present your case is crucial.
Being convicted of grand larceny also has long-term effects. Convicted felons often face difficulties in finding employment, securing housing, and even voting.
Lesser Included Offenses for Grand Larceny
When facing a grand larceny charge, you may also encounter what’s called lesser included offenses. This legal concept means that along with being charged with grand larceny, the accused can also be charged with all lesser offenses that fall within the category of larceny.
For instance, if you are charged with grand larceny for stealing property worth $9,000, but the prosecution can only prove that you stole $1,500, you may end up being convicted of petit larceny rather than grand larceny. This could significantly reduce the penalties, as petit larceny is a misdemeanor rather than a felony.
How a Greenville Criminal Defense Lawyer Can Help
Facing grand larceny charges in South Carolina is a daunting experience, as the potential penalties can have a lifelong impact. A skilled criminal defense attorney is essential in such cases because they can provide the expertise needed to navigate the complexities of the law and build a robust defense.
Building a Robust Defense
A lawyer can examine the details of your case, including reviewing evidence, interviewing witnesses, and evaluating the circumstances of the alleged theft. This thorough investigation may uncover weaknesses in the prosecution’s case, such as a lack of solid evidence or mistakes made during the investigation.
Should your case go to trial, a defense lawyer will present a strategic case on your behalf, challenging the prosecution’s arguments and any weaknesses in the evidence.
Protecting Your Rights
Law enforcement must respect your Miranda rights, which include your right to remain silent and your right to an attorney. If these rights are violated, a criminal defense attorney can move to have any improperly obtained evidence excluded from the case.
Additionally, a lawyer will scrutinize how evidence was gathered. An attorney can move to have evidence obtained through illegal searches or seizures dismissed.
Plea Negotiations and Minimizing Penalties
In many cases, an experienced attorney can negotiate with the prosecution to have the charges reduced. For example, if the value of the stolen property is in doubt, a lawyer might negotiate a plea deal that lowers a grand larceny charge to petit larceny.
During sentencing, a defense lawyer can highlight positive aspects of your background, such as your lack of a criminal record or your contributions to the community. These factors could influence the judge to impose a lighter sentence.
Call Baldwin Law for a Free Case Evaluation
Grand larceny is a serious charge in South Carolina with far-reaching consequences. Understanding the law and the distinctions between various types of theft is critical.
If you or a loved one is accused of grand larceny in SC, don’t wait to contact a skilled Greenville criminal defense attorney who can build a robust defense and protect your rights. At Baldwin Law, we are here to help you navigate the complexities of the legal system and fight for your future.
Call 864-630-8503 today or fill out our online form for a free case evaluation.