Grand larceny is an extremely serious charge in South Carolina. If you are charged with and convicted of grand larceny, there is a strong possibility that you could be sentenced to jail time. If you are facing grand larceny charges in South Carolina, you need the help of an experienced white collar crime lawyer who knows both the law and how the criminal justice system works in Florence County and throughout the state.
McCall Law defends people who have been charged with grand larceny, providing you with responsive and diligent legal services. Call us today to schedule your free initial consultation.
What You Need to Know About Grand Larceny in South Carolina
The elements of larceny are as follows:
- The victim had an ownership interest in the property taken
- The defendant wrongfully took that property without the consent of the owner
- The defendant carried the property away (it does not have to be for a great distance)
- The defendant had an intent to permanently deprive the owner of the property
These elements are used to prove both petty larceny and grand larceny. The divided line between the two crimes is whether the property is valued at more or less than $2,000. If the value of the property allegedly taken exceeds $2,000, the defendant would be charged with grand larceny. You would automatically be charged with a lesser included offense (meaning grand and petty larceny at the same time).
There is a major difference between petty and grand larceny. The former is a misdemeanor, while the latter is a felony. Every criminal charge is serious, but a felony will carry a longer jail sentence and additional consequences.
The amounts fixed in the South Carolina law do not adjust for inflation. The law was passed many years ago. Thus, it may be more likely that you would be charged with grand larceny than you would have decades ago.
Special Larceny in South Carolina
South Carolina law has a different category of larceny that attaches to certain items. The penalties for special larceny depend on the value of what was allegedly taken.
Although this type of charge may seem outdated, the enhanced penalties are very real.
The theft of the following would be charged as special larceny:
- Bicycles
- Bonds
- Watercraft
- Dogs
- Livestock
- Crude turpentine
Defenses to Grand Larceny Charges
The prosecutor must prove every single element to win a conviction for grand larceny. A defendant may have a defense that could negate one or more elements of the alleged crime. Alternatively, they could show that their rights have been violated in some way.
Your lawyer would review your case and help determine if you have any viable defenses to fight the charges against you. Some potential defenses to the charge of grand larceny:
- You did not intend to take the property (you cannot commit grand larceny by accident)
- You intended to return the property
- You legitimately believed that the property was yours
- You did not carry away the property
- Police violated your rights when they carried out a search of your property
Penalties for a Grand Larceny Conviction
Grand larceny is charged as a felony in South Carolina. Thus, if you are convicted of the charges, you could be facing harsh penalties.
You could be sentenced to prison time for grand larceny. The crime is punished in South Carolina with up to five years in prison. If the value of the property is $10,000 or more, the jail sentence can reach ten years.
Having a felony charge on your criminal record can also have significant long-term consequences for you. If you are over 25 when the alleged crime was committed, the conviction cannot be expunged from your record.
When you have a felony conviction on your record, you could face a number of other long-term effects on your life. Some consequences of a felony conviction:
- The inability to get certain types of jobs because you have a criminal record
- Potential deportation if you are not a citizen since grand larceny is a crime of moral turpitude
- Impacts to your custody case
- The loss of your ability to carry a firearm
- The loss of public benefits that you are receiving
- The loss of the professional license that you hold
Your Fate May Be in the Hands of the Judge and Prosecutor
You will see that many alleged crimes are punished with up to a certain amount of jail time. It does not mean that you would receive that amount of jail time or that you would even go to prison at all.
The prosecutor may recommend a certain sentence, and it is up to the judge whether to accept the recommendation or depart from it.
Many factors could influence the punishment for a conviction, including any prior criminal history. Your attorney could advise you to accept a plea deal, but it does not necessarily mean that you would receive the sentence that the prosecutor recommends. In the end, the judge is the one who has the discretion to impose the sentence.
How McCall Law Can Help You
Here is how we can help you when you have been charged with grand larceny:
- Speak to you and learn the facts of your case
- Advise you of your legal options
- Investigate your case and gather any evidence that can help you defend your case
- Speak with the prosecutor and be present if they are speaking with you
- Negotiate a possible plea bargain if you choose to plead guilty
- Defend you in court if you choose to fight the charges
Contact a Grand Larceny Lawyer in Florence, SC Today
If you have been charged with any type of crime, you need legal help immediately. If you are facing the criminal justice system on your own, you could make a mistake or be at the mercy of the prosecutor. When you call McCall Law, you would get vigorous legal representation. You can contact us online or call us today at 843-279-8148. We offer free consultations to discuss your case.