larceny

Rhode Island’s Larceny Law R.I.G.L. §11-41-1

Larceny is more commonly known as stealing.  In Rhode Island, if one takes property of another and that property is worth less than $1500 then the larceny is charged as a misdemeanor.  Conversely, if the property stolen is valued more than $1500 then the larceny is charged as a felony.  In either case, if you are charged with the crime of larceny, then you need the expertise of Attorney Peter Calo to best represent you and your rights.

Specific Intent Crime

Larceny is categorized as a specific intent crime.  This means that in order for the prosecution to prove the charge of larceny, the prosecution must prove the person specifically intended something.  As compared to Battery, which is a general intent crime, the prosecution does not have to prove any specific intent.  With larceny, that specific intent is to permanently deprive the person of that property.  Therefore, the prosecution must prove that when the person stole the item, he or she did so with the intent to permanently deprive the person of the property.

Slight Movement is Enough

One does not have to completely remove the item in order for there to be a larceny.  Movement, no matter how slight, of the object will qualify as a larceny, provided that the person had the specific intent of permanently depriving the person of that property.  For example, if someone picks up an object simply to look it and then puts it back down then there is no larceny.  However, if the person picks up the object with the intent to permanently deprive the owner of the property but puts the object back down because he heard someone approaching, then a larceny has occurred.  That is because the person moved the item (by picking it up) and did so with the intent to permanently deprive the owner of that property.  It does not matter that the person put the object back down; the larceny was complete once he picked it up with the intent to permanently deprive the owner of it.

Penalty

In Rhode Island, the penalty for larceny depends on the value of the property that was stolen.  If $1500 or under then it is classified as a misdemeanor.  If over $1500 then it is classified as a felony, with much harsher penalties.  Because the penalty for larceny, regardless of it is a misdemeanor or felony, is serious, you need an experienced attorney like Peter Calo to represent you in court.  Contact him today for a free consultation.

Misdemeanor Larceny $1500 or Under

  • Up to One Year in Prison and/or
  • Up to $500 Fine
  • Restitution to the Victim

Felony Larceny Over $1500

  • Up to Ten Years in Prison and/or
  • Up to $5000 Dollar Fine
  •  Restitution to the Victim