Petty larceny, or petty theft, involves the unauthorized taking of someone else’s property valued below a specific threshold, often under $500. This charge can carry significant consequences, but there are effective defenses available that may help you beat the charge.
Here, we outline the top five strategies to counteract a petty larceny accusation, drawing on expertise from the legal team at Chambers Law Firm. Contact us at 714-760-4088 for a free legal consultation.
Asserting Ownership of the Property
One of the strongest defenses against a petty larceny charge is proving that you actually own the property in question. This defense, known as a “claim of right,” hinges on demonstrating your belief in your rightful ownership, even if mistaken. Evidence such as receipts or photographs showcasing your ownership could decisively support your claim, especially against attempts by the prosecution to undermine this evidence.
Acting With the Property Owner’s Consent
A fundamental element of theft is the absence of the owner’s consent in taking the property. Therefore, proving that you acted with the owner’s permission can effectively negate a petty larceny charge. This could involve situations where you took property on behalf of its owner with their explicit approval. Demonstrating consent can dismantle the prosecution’s case against you.
Borrowing vs. Stealing
Another viable defense is that you intended to borrow, not steal, the property. This argument requires showing that you had plans to return the item within a reasonable timeframe. Successfully arguing that your intentions were to temporarily borrow the property can challenge the basis of the larceny charge.
Addressing False Accusations
Unfortunately, false accusations are not uncommon in cases of petty larceny, often motivated by personal vendettas, jealousy, or an accuser’s desire to conceal their own misconduct. Challenging the validity of these accusations by uncovering the accuser’s motives or demonstrating your innocence can be a powerful defense.
Unlawful Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures, requiring law enforcement to have a warrant or a valid warrant exception to conduct a search. If evidence against you was obtained through an illegal search, your attorney can file a motion to suppress this evidence. If successful, this might lead to the dismissal of charges, as the prosecution’s case could be severely weakened without the excluded evidence.
How Chambers Law Firm Can Assist
Facing petty larceny charges can be daunting, but you don’t have to navigate this challenge alone. The attorneys at Chambers Law Firm specialize in criminal defense, including larceny cases. We can help gather critical evidence, develop a robust defense strategy, and ensure your rights are protected throughout the legal process. Confidentiality is guaranteed under the attorney-client privilege, ensuring your communications with us remain private.
Petty larceny charges require a nuanced defense approach tailored to the specifics of your case. If you or someone you know is dealing with such charges, contact Chambers Law Firm at 714-760-4088 for professional legal support and guidance. Our experienced team is dedicated to advocating on your behalf and working towards the best possible outcome in your case.
