Is There a Difference Between Larceny and Theft?

The legal terms “larceny” and “theft” can seem the same, but there are key differences between them. Larceny, theft, and burglary can all refer to the unauthorized taking of someone else’s property. The terms refer to different types of theft offenses and can include shoplifting, embezzlement, and fraud.

Larceny vs. Theft

In general, theft is the general term for any unlawful taking of another person’s property. Most state laws define theft as such, but some consider it interchangeable with larceny.

Larceny

Larceny is a narrower type of theft. It specifically defines a type of theft where the thief unlawfully takes and carries away the property of another with the intent to permanently deprive them of it. Unlike other theft charges, the severity of larceny charges depends solely on the value of the stolen property. Classifications include:

• Petty larceny (or petit larceny) refers to theft of property below a statutory amount, often under $1,000
• Grand larceny (sometimes grand theft) is the theft of property over the statutory amount
• Shoplifting is a type of larceny that occurs in a retail establishment and is often perceived as a minor offense, but this common crime can have serious consequences

Theft Crimes

Theft is any unlawful taking of another person’s property without consent, with the intent to permanently deprive them of it. Theft lacks the element of “carrying away,” so it can include other types of taking, such as:

• Identity theft: This type of theft involves using another person’s Social Security number or credit card information to steal money or property with their information
• Embezzlement: A type of financial theft, embezzlers use positions of trust to divert money from their employer’s account to their own use
• Theft of services: A type of contract crime, theft of services involves failing to pay for contracted services, or fraudulently accepting services knowing one is not the intended recipient

While the differences between theft and larceny may be subtle, they can significantly impact the sentences for those convicted of either crime.

Penalties for Larceny

Penalties for larceny depend on the state laws regarding theft and other circumstances. In general, property crimes carry lower penalties than crimes against persons. Intent and the value of the property are also factors.

For instance, in California, shoplifting property valued at under $950 is a misdemeanor. However, if the defendant breaks into the store with the intent to steal, the charge can become burglary. In California (and most other jurisdictions), unlawful entry into a structure with the intent to steal is a felony, regardless of the value of the stolen items.

Petty theft is usually a misdemeanor, whereas grand theft often results in a felony charge. State laws may defer to federal laws for financial crimes, such as embezzlement and identity theft.

Common Defenses to Larceny and Theft Charges

Several legal defenses may be applicable to larceny and theft charges, depending on the specific circumstances of the case. A local criminal defense attorney can evaluate which defenses might be available.

A few common defenses in larceny and theft cases include:

• Lack of intent: A defendant could argue they intended to return the item or believed they had permission to take it. For example, if you took your neighbor’s lawnmower believing they said you could borrow it, you lacked the criminal intent required for larceny.
• Claim of right: This defense applies when the defendant honestly believed they had a legal right to the property. If you take property believing it belongs to you – even if you’re mistaken – you may lack the intent necessary for a theft conviction.
• Consent: If the property owner gave permission to take the item, there is no theft. However, this defense doesn’t apply if consent was obtained through fraud or deception.

The availability and strength of these defenses vary by jurisdiction and the specific facts of each case.

Get Legal Advice From a Criminal Defense Attorney

As one of the most common crimes, larceny has a range of charges and variations in different jurisdictions. If you find yourself facing a larceny charge, you need help from a criminal defense attorney in the area who knows the specifics of theft and larceny charges in the area.