Understanding the legal distinctions between larceny and burglary is crucial for anyone who finds themselves accused of these theft crimes. While both involve the unauthorized taking or entering of property, they are distinct charges with different implications.
This blog aims to demystify these terms and provide clarity on what they entail. If you are facing these or other theft crimes, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What Constitutes Larceny?
Larceny is a crime that involves the unlawful taking of another person's property without their permission and with the intent to deprive them of it permanently. Commonly referred to as theft, larceny can range from shoplifting, where items are taken from a store, to the borrowing of an item with the intent not to return it. It's important to note that the intent behind the action is critical in defining the act as larceny.
While the basic premise of larceny is the same, legal definitions can vary slightly from state to state. Some jurisdictions might categorize larceny as a type of theft or use it interchangeably with theft, while others may define specific theft crimes, such as embezzlement, under the broader theft category.
Distinguishing Features of Burglary
Burglary, on the other hand, is defined by the unauthorized entry into a building or structure with the intent to commit a crime inside, typically theft or felony. It's not just the act of breaking and entering; it's the intention behind entering the structure that categorizes the act as burglary. This means even entering through an unlocked door or window with the intent to commit a crime can be considered burglary.
Burglary is often perceived as more severe than larceny because it involves entering someone's personal space, which could potentially endanger the occupants. The degree of burglary charged can depend on several factors, including whether the structure was a dwelling, whether it was nighttime, or whether the burglar was armed.
Facing Both Larceny and Burglary Charges
It's possible to be charged with both larceny and burglary under certain circumstances. If an individual unlawfully enters a structure with the intent to steal (burglary) and then completes the act of theft (larceny), they could potentially face charges for both crimes. The specifics will depend on the actions taken and the jurisdiction's laws.
Understanding the Levels of Larceny
Larceny is often categorized into petty (petit) or grand larceny, based on the value of the property taken. Petty larceny usually involves items of lesser value and is often treated as a misdemeanor, while grand larceny involves higher-value items and can be charged as a felony, known as a wobbler offense, which means it can be charged as either a misdemeanor or a felony based on the circumstances and the value of the property stolen.
Variations in Burglary Charges
Similarly, burglary is often divided into different degrees or levels based on the severity of the offense. Factors influencing the degree of burglary include the type of structure entered, whether it was occupied, and whether the perpetrator was armed. More severe forms of burglary, such as those involving dwellings or weapons, are typically charged as felonies, while less severe cases may be treated as misdemeanors or wobblers.
The Role of a Criminal Defense Lawyer
Facing charges of larceny or burglary can be daunting, but you don't have to navigate the legal system alone. A criminal defense lawyer from Law Office of Michael L. Fell can provide essential support and representation. From helping you understand the charges and potential consequences to developing a strong defense strategy, legal representation is key. Typical defenses might include proving a lack of intent, ownership of the property, or mistaken identity.
If you find yourself or someone you know facing charges of larceny or burglary, it's crucial to seek legal advice as soon as possible. Contact Law Office of Michael L. Fell at (949) 585-9055 for guidance and representation in these complex legal matters. With the right support, you can navigate the accusations and work towards a resolution.