(PC 484) & Attempted Larceny (PC 664)
What is larceny?
Larceny is theft. It is taking and carrying away the personal property of another with the specific intent to deprive that person of their property or its substantial use. If the amount or value of the property is $950 or more, it will be deemed grand larceny and a felony. Otherwise, it’s a misdemeanor. *See California code at the bottom section of the page.
What is PC 664? What does “attempt” mean?
Think of attempted crime as the failure of completing the crime, because of some event other than the desire not to commit the crime. For example, the person who wanted to steal something, went about trying to get it but was caught in the act. It is the crime of “failed attempt at the original crime.” PC 664 of larceny or petty theft would be the crime of attempting to commit petty theft or petty larceny. It is illegal to attempt to do something as well. The idea is that you wanted to commit the crime and would have but you got lucky. Because your actions, intent, and/or desire was bad or an illegal act, you will be charged with the “attempt.”
Are there any immigration consequences for a charge of larceny or PC 484?
Yes! Larceny or theft of any kind, misdemeanor or felony, are classified as crimes of moral turpitude or moral character. This adversely affects immigration status. It can lead to removal/deportation, prevent an entrance into the US, renewal of permanent residency, or prevent you from becoming a US citizen.
What does the police or district attorney have to prove for a larceny charge?
- You took personal property.
- You carried it away from where it was (slightest movement counts).
- The property belonged to someone other than you.
- You intended to deprive the owner of the property or its substantial use.
What are the defenses for larceny?
- The property belonged to you or you had a right to it.
- You did not take the property.
- You did not carry it away or moved it even the slightest.
- You did not intend to permanently deprive the owner.
What is the punishment for a larceny charge or conviction?
Misdemeanor Larceny (Property is valued at $950 or less):
- Up to 6 months County jail
- Immigration Consequences
Felony Larceny (Property is valued at $950 or more):
- One year and four months, two years or three years.
- Immigration Consequences.
- Firearms restrictions, voting restrictions, jury service restrictions, and public office restrictions.
- Might have to give a DNA sample and thumbprint.
California Penal Code defines Larceny (Penal Code 484) as follows:
“(a) Every person who shall feloniously steal, take, carry, lead, or drive away from the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For this section, any false or fraudulent representation or pretense made shall be treated as continuing, to cover any money, property or service received as a result thereof, and the complaint, information, or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
(b) (1) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person under a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for the return of the property so leased or rented.
(2) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person under a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for the return of the property so leased or rented.
(c) Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address to obtain the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required.
(d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence.
(e) Within 30 days after the lease or rental agreement has expired, the owner shall make a written demand for the return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand, the presumption created by subdivision (b) shall not apply.”