Forest Acres Theft Lawyer

Theft is generally defined as the unlawful taking of another person’s property with the intent to permanently deprive that person of their property. Theft offenses are some of the most common criminal charges filed in Forest Acres and throughout South Carolina.

Forest Acres police and prosecutors take theft offenses seriously and will aggressively pursue charges and convictions. A Forest Acres theft lawyer can meet with you to discuss your case and build the best possible defense based on the facts and circumstances of your individual case. If you have been charged with a theft offense, contact an experienced defense attorney to guide you through every step of the process.

Theft Offenses in Forest Acres

Theft, which is referred to as larceny throughout South Carolina’s Criminal Code, is distinguished into separate categories based on the value of the property or services allegedly taken (for example, petit larceny and grand larceny).  In a theft case, the state has the burden of proving the following elements:

• Ownership – that a person owned a piece of property;
• Wrongful taking – that the defendant was not entitled to take the property;
• Defendant carried property away – that the defendant moved the property from its original location; and
• The defendant had the intent to permanently deprive the owner of that property.

In a theft case, the State has the burden of proof and must prove that a person had the specific intent to deprive another of their property. In addition, the state must prove the facts of the defendant’s guilt beyond a reasonable doubt.

Notably, theft does not include acts such as embezzlement, con games, forgery, bad checks, or motor vehicle theft, and these specific offenses are listed under separate sections of the criminal code.

A theft is complete once a person has concealed an item, and not necessarily when it is taken away. For example, a theft may be deemed complete when a person takes an item from a store and conceals that item in their purse or bag.

Degrees of Theft Charges

Theft is categorized generally into two degrees, petit larceny and grand larceny. It is important to note the differences between these two degrees because this can affect the potential punishments and fines, and can also serve as a defense.

Petit Larceny Charges

Petit larceny is codified under S.C. Code Ann. § 16-13-30(A). Petit larceny charges are commonly filed when a person has been accused of theft of property or services valued at or below $2,000. Petit larceny is considered the lowest theft offense in Forest Acres and is classified as a misdemeanor.

Grand Larceny Charges

Grand Larceny is codified under S. C. Code Ann. § 16-13-30(B) and can be further broken down into two categories based on the value of the property or service. The first category of grand larceny is filed when the value of the property is valued over $2,000 but less than $10,000. Whereas the second category is reserved for property or services that are valued at more than $10,000.

Building a Defense

As noted above, in a theft offense the state must prove that a defendant had the specific intent to commit a theft offense and the defendant intended to deprive another person of their property.  An experienced theft defense lawyer will often try to demonstrate that an individual did not have the requisite criminal intent, and therefore cannot be charged with a crime.

Another common defense is demonstrating that a person was merely in the wrong place or the wrong time capitalizing, or that they did not commit a theft offense because they were in a different location.

Finally, a common defense strategy is to refute the value of the objects allegedly stolen. As noted above, there are two different categories of theft offenses, and the margin between these two charges is razor thin.

For example, if a Forest Acres theft lawyer proves that the value of an item allegedly stolen is not worth $2,000, but rather is worth $1,999 then a person cannot be charged with grand larceny, but rather petit larceny.

A Forest Acres Theft Attorney is Ready to Help You

Facing a theft charge can be very intimidating, and the potential consequences can be severe. If you have been charged with a theft or larceny offense, it is critical to contact a Forest Acres theft lawyer to protect your rights and your freedom.

A theft attorney will evaluate your case and help build potential defenses and can also help determine if you are eligible for any mitigation programs and can negotiate with prosecutors to have your charges lowered or even dropped altogether.