“Petty Larceny” – Top 5 Ways to Beat the Charge

Posted on May 25, 2023

Petty larceny (sometimes called petty theft) is generally defined as stealing someone else’s property when the value of the property is below a certain threshold amount (such as below $500.00).

The 5 best defenses to a petty larceny charge are to show that:

1. you actually own the property that was allegedly stolen,
2. you acted with a property owner’s consent,
3. you were borrowing rather than stealing the property in question,
4. you were falsely accused, and/or
5. the police conducted an unlawful search and seizure.

1. You actually own the property that was allegedly stolen

A claim of right defense asserts that you actually believed you were the true owner of the property that was allegedly stolen. The defense works even if your belief was mistaken.¹

The strength of this defense will often depend on the evidence you can raise to show ownership. For example, your claim of ownership will likely succeed if you can show receipts or pictures that prove you owned the “stolen” property. Though the defense will likely fail if a prosecutor can discredit this evidence.

2. You acted with a property owner’s consent

Recall that you are only guilty of the crime of theft if you:

• took someone else’s property, and
• did so without that person’s consent.

This means it is always a solid legal defense for you to show that you acted with the owner’s consent. Perhaps, for example, you took some property because you were getting it for the owner of the property.²

3. You were borrowing rather than stealing the property in question

You can contest a petty larceny charge by showing that you were merely borrowing a person’s property. Though note that the defense will likely only work if you made an attempt to return the property after “borrowing” it and did so within a reasonable time after taking it.³

4. You falsely accused

People falsely accuse people of theft crimes all the time. For example, someone may make false accusations out of:

• revenge,
• jealousy, or
• an attempt to cover his/her own wrongdoings.

No matter the specific reason, you can always challenge criminal charges by showing that you were unjustly blamed.⁴

5. The police conducted an unlawful search and seizure

The Fourth Amendment is very clear that the police may not conduct searches without a search warrant, or without a good reason to forego getting a warrant. Whenever the police may have committed an illegal search, you can file a motion to suppress the evidence that the police wrongfully took.

If the court grants the motion, the evidence is excluded from the case. A possible result is that the judge will dismiss the charges filed.⁵

Criminal defense lawyers can provide valuable assistance to help you avoid a larceny conviction. Larceny lawyers will also help you gather evidence to support your defense.

The communications between you and your lawyer are also protected by the attorney-client relationship. This means an attorney cannot disclose your communications without first getting your consent.

---