Larceny in Birmingham
Being charged with a crime can be scary and can lead to devastating results, particular for larceny offenses. If you are facing larceny charges, you need to speak to a Birmingham larceny attorney who has handled many criminal cases, who can explain all your options, and who can advise you on what to do next.
A criminal charge, such as larceny, carries much harsher potential consequences than a civil complaint. You could be looking at losing your freedom for a period of months or years, which will have a disastrous impact on your career and your family. If you are facing larceny charges, you need the help of experienced theft defense attorneys today.
Defining LarcenyLarceny is one of the most common criminal charges. Larceny has been defined as the unlawful taking of the personal property of another person or business.
Alabama Code states that a person commits the crime of theft of property if they:
- Knowingly obtain or exert unauthorized control over the property of another, with intent to deprive the owner of their property
- Knowingly obtain by deception control over the property of another, with intent to deprive the owner of their property
The stakes are even higher if the property that was allegedly taken was worth more than $2,500, at which point it becomes grand larceny – a felony for which a prison sentence of one year or more can be imposed. In any criminal case, the state must prove that the accused acted with bad intent. A Birmingham larceny lawyer knows how to challenge the state’s contention that the accused intentionally stole the property.
For example, in a situation where an individual was contracted to perform services for another individual, and then that person claims that they took the money but did not provide the promised services. This should be an ordinary breach of contract case, but a clever prosecutor might try to define it as larceny via deceitful means.
Because the consequences of a criminal conviction are so grave, the Bill of Rights and the rules of criminal procedure try to ensure that an innocent person does not go to prison. The suspect is presumed innocent, the burden of proof is on the prosecution, and it must prove its case “beyond a reasonable doubt.”
EvidenceA key question is whether the evidence that the authorities have is actually admissible in court. Any search of an American’s home must be carried in compliance with constitutional rules. The Fourth Amendment says that searches must be done in accordance with a warrant that “particularly describes the place to be searched, and the persons or things to be seized.”
Larceny attorneys in Birmingham will challenge any evidence that the government tries to use against their client, requiring them to explain how that evidence was obtained and how it is relevant.
How a Birmingham Larceny Attorney Can HelpBirmingham larceny attorneys will listen to your story without judgment. They have seen many different kinds of cases, and they know that anyone can make a mistake.
If you are facing the criminal charge of larceny, you owe it to yourself and your loved ones to seek out advice from lawyers who have worked in the criminal courts for years, and who know how to defend your rights. Get that advice as soon as you can.