Charleston Theft Lawyer

South Carolina addresses the crime of theft in its larceny statute, and the value of the stolen goods informs the severity of the charge. Theft charges can range from misdemeanors to felonies based on the overall value of the property involved. If you are facing a theft charge, working with a criminal attorney to build your strongest defense is key. Dayne Phillips is an experienced Charleston theft lawyer who is ready to help you.

The Charge of Theft

The state defines theft, or larceny, as the act of taking another person’s property without their consent and with the intention of permanently depriving them of that property. In other words, there is a legal distinction between borrowing something without the owner’s permission and theft.

Often, having a credible intention to return the property to its rightful owner stops the act from being a crime. There are, however, specific crimes, such as temporary unlawful use of a vehicle, that can make the act of borrowing illegal. Navigating these nuances of theft charges as an individual can be challenging, so you should seek help from an attorney in Charleston.

It is important to point out that theft charges in this state do not include the use of force. When a level of force other than deadly force applies, the charge levied is likely to be strong-armed robbery. When deadly force is applied, the defendant is likely to face an armed robbery charge.

What Is the Difference Between Petit Larceny and Grand Larceny?

State law breaks theft charges down into two basic categories: petit larceny and grand larceny.

Petit Larceny

Petit larceny, also known as petty theft, refers to the theft of items with an overall value of $2,000 or less. Petty theft is a misdemeanor crime, and a conviction carries up to 30 days in jail and fines of up to $1,000.

Grand Larceny

Grand theft refers to the theft of items with a value that exceeds $2,000. Grand larceny includes two distinct categories.

If the overall value of the stolen property is between $2,000 and $10,000, it is a felony. A conviction carries up to five years in prison. If the overall value of the stolen property exceeds $10,000, the felony conviction carries a prison sentence of up to 10 years. Both charges include fines that are set at the court’s discretion.

If you are facing larceny charges in Charleston, there are a variety of potential outcomes, and experienced legal representation by someone who understands this area of the law could make a significant difference.

Lesser Included Offense

Lesser included offenses contain all the necessary elements of the greater offense but bear a distinction that makes the charge lesser. In the case of larceny, the difference is the value of the stolen property.

To convict someone of larceny, the state must prove the value of the stolen property beyond a reasonable doubt. If this cannot be established for the higher threshold, the jury can turn to the lesser included offense. Petit larceny is a lesser included offense of grand larceny, and grand larceny of stolen property valued from $2,000 to $10,000 is a lesser included offense of grand larceny of stolen property valued over $10,000.

This offers Charleston lawyers the opportunity to reduce the severity of the theft charges the defendant faces by casting doubt on the state’s attached value or by demonstrating a lower value.

Related Property Crimes

Theft is a property crime, and several additional property crimes have the same sentencing structure, which is based directly on the value of the stolen property. These crimes include:

• Shoplifting
• Obtaining property through false pretenses
• Possessing a stolen vehicle
• Breaching someone else’s trust with fraudulent intent
• Possessing or receiving stolen property

Regardless of the specific theft-related charges against you, a Charleston attorney could guide you through the legal process and help you reach the best possible outcome.

Considering the Social Consequences

In addition to the harsh legal fines and penalties associated with theft convictions, there is also the serious social impact to consider. For example, a conviction could tarnish your reputation and affect your future. It could also limit your opportunities in terms of employment, housing, and higher education. Seek the legal counsel of a capable lawyer who has experience defending Charleston residents accused of larceny.

Call an Experienced Charleston Larceny Attorney

Dayne Phillips is a reputable Charleston theft lawyer who has dedicated his practice to fiercely advocating for his clients’ legal rights. He could help achieve a favorable case outcome that protects your future. Learn more by contacting South Carolina Criminal Law today.