South Carolina Theft Lawyer

Crimes involving the unauthorized taking of property or assets are classified as theft. These offenses can vary widely, encompassing everything from petty theft to grand larceny, and can arise under numerous circumstances. Whether you are accused of shoplifting, burglary, or more serious offenses, each case carries its own legal challenges and potential consequences.

A South Carolina theft lawyer could offer a comprehensive defense tailored to the specifics of your case, to mitigate the charges and protect your rights. It is crucial to engage legal representation promptly upon arrest to ensure your defense is as effective as possible. Reach out to discuss your case and explore your options with a trusted criminal defense attorney.

Petit Larceny Is the Charge for Many Theft Crimes

The legal term for theft in South Carolina is larceny. A person commits larceny when they take or use another person’s property without consent and intend to permanently deprive the rightful owner of it.

According to the South Carolina Code of Laws § 16-13-30, the crime is petit larceny when the property is worth less than $2,000. Petit larceny is a misdemeanor, and a Magistrate’s Court hears the case.

If convicted, an offender could face a $1,000 fine, up to 30 days in a local jail, and be ordered to pay restitution to the alleged victim. If the accused has no significant criminal record and pays restitution, a South Carolina theft attorney could resolve this matter while potentially keeping your record clean.

Grand Larceny Is a Felony

Theft charges are more serious when the property’s value is higher. Grand larceny occurs when someone allegedly takes property with a value exceeding $2,000.

When the property’s value is less than $10,000, the charge is a Class F felony. The penalty upon conviction could be up to five years in prison, a fine, or both. When its value exceeds $4,000, the charge is a Class E felony. Someone convicted of a Class E felony faces up to 10 years in prison, a fine, or both.

Judges have considerable discretion in sentencing for grand larceny charges. A skilled South Carolina defense attorney could present compelling evidence in mitigation, which could persuade a prosecutor or judge to impose a lenient sentence.

Impact of Criminal History

When an accused has two or more prior convictions for theft crimes, a prosecutor can bring Class E felony charges regardless of the value of the property allegedly stolen. A defendant with a prior larceny conviction is less likely to avoid a prison sentence than a first offender.

Potential Defenses to Theft Crimes

The state must prove all elements of a theft crime to get a conviction. A skilled legal professional can highlight the weakness of the prosecution’s proof of specific elements to persuade them to bring a lesser charge or resolve the charge in a manner favorable to the defendant.

When a theft charge goes to trial, the circumstances of a case determine the specific defenses that might be effective. Some common defenses in theft cases include:

• A reasonable belief the accused owned the property or had the right to take it
• No intent to deprive the owner of their property due to the accused’s intoxication or other mental instability when they removed the property
• Entrapment, if law enforcement authorities induced the accused to take the property
• Duress, if a third party forced the accused to take the property under threat of bodily harm

Any information that could raise doubt in the jurors’ minds could be valuable for the defense.

As in all criminal cases, police conduct could also be involved in the defense strategy. When the police fail to honor someone’s Constitutional rights, a South Carolina attorney could ask the court to suppress evidence or even dismiss a theft charge.

Contact a South Carolina Theft Attorney Today

Theft crimes can lead to significant consequences. If convicted, you face the possibility of jail or prison, a fine, and a criminal record that could follow you forever.

Speak with a skilled and experienced South Carolina theft lawyer about your case. At Price Benowitz, we can help you achieve the best results the circumstances permit. Reach out today.