Larceny may be thought of as a form of theft or its own crime depending on where the crime is committed. As a general rule, larceny is the act of taking someone else’s property in Texas without obtaining permission or using force to get it. Other elements of larceny including walking away with an item and doing so with the intent to deprive the property owner.
In some cases, taking possession of an unmovable item is enough to satisfy the carrying away element. It is important to note that if property is taken away for any lawful reason, it is not larceny. For instance, if a lender repossess property, that is not a crime. The same could be true if a person had permission to borrow or otherwise use an item. If an individual was removing his or her own property from another location, that also would not qualify as larceny.
This is because larceny can only occur if something belonging to another person was taken. An individual who takes an item must intend to deprive the property owner of the ability to use it. Therefore, if a person merely forgets to return an item that he or she had permission to borrow, no crime would have been committed.
There may be long-term consequences for individuals who engage in larceny. For instance, it may result in a jail or prison term. Furthermore, having a criminal record may make it harder to get a job or a student loan. An attorney may be able to help a person obtain a favorable outcome in these types of cases. This may be done by having evidence suppressed or challenging evidence at trial.
