Grand larceny is a big deal and comes with big consequences. If you’re charged with grand larceny, it’s important to understand the severe legal repercussions of a grand larceny conviction. From the factors that go into sentencing to the penalties for aggravated offenses, understanding the grand larceny laws can help you when working with an experienced Clemson criminal defense attorney.
In this post, we’ll break down the key elements that determine the punishment, the value of the property stolen, the offender’s criminal history, and the circumstances that can lead to more severe sentences.
Degrees of Grand Larceny
Knowing the degrees of grand larceny, including felony larceny, is important to understand the penalties. Each degree of grand larceny is based on the value of the property stolen and the severity of the crime. Here are the degrees:
Fourth Degree
Grand larceny in the fourth degree is a Class E felony. This degree is property stolen over $1,000 but less than $3,000. Maximum sentence is 4 years in state prison. Petit larceny, on the other hand, pertains to the theft of items valued at $2000 or less and is classified as a misdemeanor, with different potential penalties and expungement options.
Third Degree
This is a Class D felony theft and property is valued between $3,000 and $50,000. A person convicted of grand larceny in the third degree can get up to 7 years in state prison.
Second Degree
Class C felony. Property is valued between $50,000 and $1,000,000. The maximum sentence is 15 years in state prison.
First Degree
The most serious grand larceny in the first degree is a Class B felony. Property is valued over $1,000,000. Conviction can get you up to 25 years in state prison.
Sentencing Factors
Several factors will impact the sentencing in grand larceny cases so it’s important to know how these will affect the outcome.
Property Stolen
The value of the property stolen is a big factor in the punishment. False pretenses can be involved in grand larceny cases, where deceit and intent are used to unlawfully acquire property. Higher-value thefts will get more severe penalties. For example, stealing items worth several thousand dollars will get harsher sentences than lower-value thefts. Courts will consider the fair market value of the stolen items when deciding on the punishment.
Type of Property Stolen
The type of property stolen also matters. Theft of vehicles, firearms, credit cards, and personal property will have different legal consequences. For example, vehicle theft will be treated more severely than stealing lower-value items. Each type of stolen property has its legal distinctions and penalties under South Carolina law. Petty theft typically involves lower-value stolen property, whereas grand larceny pertains to items exceeding a certain value, leading to varying degrees of legal consequences.
Repeat Offenders
For those with prior convictions, the legal system gets tougher, and repeat offenders in grand larceny cases get increased penalties and sentences.
More Penalties
Repeat offenders get harsher penalties under the law. The law gives stricter sentences to those with prior felony convictions, especially within a certain time frame. This is to deter repeat criminal behavior and protect the community. For example, a person who has been convicted of grand larceny multiple times may get aggravated charges longer prison terms and higher fines.
Longer Sentences
Longer sentences for repeat offenders are a big part of grand larceny punishment. These sentences reflect the continuity of criminal behavior. Legal precedents show that courts will give maximum penalties to repeat offenders to emphasize the gravity of the offense. Case studies show that those with multiple felony convictions can get sentences way beyond the standard range, so it’s important to avoid repeat offenses.
Manner of Theft
The manner of theft also matters. Methods like extortion or pickpocketing are treated differently under the law. Extortion for example will get more severe penalties because of the coercive nature of the act. The legal system will evaluate the manner of theft to determine the appropriate punishment.
Criminal Record of the Offender and Grand Larceny Conviction
The offender’s criminal record, especially in cases involving the unlawful taking of someone else’s or her property, is a big factor in sentencing. Those with prior convictions will get more penalties. Repeat offenders will get harsher sentences than first-time offenders. Courts will consider the individual’s past criminal record when deciding the punishment for grand larceny convictions.
Aggravated Offenses
To be considered aggravated grand larceny the theft must involve an ATM or its contents. This includes the machine itself or cash, bank bills, or other valuable items inside. Stealing an ATM usually involves planning and execution which the courts will consider when deciding the severity of the offense.
Aggravated Grand Larceny of an Automated Teller Machine
Aggravated grand larceny of an automated teller machine (ATM) is a serious offense. This includes the unauthorized taking of an ATM or its contents. The law treats this type of theft more seriously because of the value involved and the disruption to financial institutions.
Maximum Sentence: 15 Years in State Prison
The penalty for aggravated grand larceny of an ATM is severe. A conviction will get you 15 years in state prison. This is because of the gravity of the crime and its impact on the financial institution and the community. Repeat offenders or those with prior felony convictions will get even harsher penalties.
South Carolina Law
In South Carolina, grand larceny, also known as felony larceny, is the theft of property valued at $2,000 or more. This is a Class E felony if the value of the stolen property is between $2,000 to $10,000 and carries a maximum sentence of up to 10 years in prison. If the stolen property is valued over $10,000 then it’s a Class D felony and can get you up to 10 years in prison.
South Carolina also has specific laws for certain types of theft like stealing motor vehicles or livestock. These special laws have additional penalties and legal nuances. Knowing these state-specific laws is important in building a strong defense.
Talk to an Experienced Clemson Criminal Defense Lawyer Today!
Facing grand larceny charges can be overwhelming. At Boatwright Legal, we understand the gravity of these situations and provide the expertise needed to defend your rights. Our seasoned attorneys have a strong track record in handling cases involving grand theft and other property crimes. With our deep knowledge of South Carolina law, we are equipped to offer the best possible defense.
Contact us for a free consultation at 864-745-9758!
