We believe that our clients are innocent until proven guilty. If you have been charged with larceny or theft in Rhode Island, you need an attorney you can trust to provide you with the highest quality, relentless defense you deserve. I am committed to providing each client with that level of representation, from the beginning to the end, and providing the best defense as a Rhode Island Larceny Lawyer.
Under Rhode Island's criminal laws, larceny is synonymous with Theft. If you have been charged with larceny, it means that the State of Rhode Island alleges that you have stolen something. Whether the larceny is charged as a misdemeanor or a felony depends on an estimate of the value of that property.
Larceny of property or money in excess of $1,500 is a felony in Rhode Island. In addition to a serious criminal conviction, Larceny Over $1,500 but less than $5,000 carries with it up to 3 years in jail and up to a $1,500 fine. Larceny of property or money which does not exceed $1,500 is charged as a misdemeanor offense. As a misdemeanor, a conviction carries with it up to 1 year in jail and up to a $500 fine. However, Larceny Over $5,000 but less than $10,000 carries up to 6 years in jail and a fine up to $3,000.
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Rhode Island Larceny Defense Lawyer – (401) 228-8271
When we represent Clients, we take all criminal charges extremely seriously. Whether you are facing felony larceny charge involving tens of thousands of dollars or a misdemeanor larceny charge involving only a few dollars, we put all of our skill, experience, and resources to work in your defense.
Taking your case seriously and working every angle to get you the best result possible is our mission. We take a no-nonsense approach and work to deliver great results on every case we take on. Contact the lawyers at Marin and Barrett, Inc. to see how we might be able to assist you with your Rhode Island larceny charges.
What is larceny in Rhode Island?
Larceny is one of the oldest common law offenses and is defined as the taking and carrying away of the property of another with the intent to permanently deprive that person of that property. Essentially, larceny is the legal term for stealing. Stealing seems like a simple crime, but as the definition makes clear it is anything but. Make sure you have an attorney who can navigate the complexities of the larceny laws in Rhode Island.
What is the larceny statute?
The Rhode Island General Laws actually splits larceny into multiple statutes; Rhode Island General Law 11-41-1 defines the crime itself and what constitutes larceny, while 11-41-5 spells out the potential penalties. There are also numerous other specific statutes that are technically still good law but are almost never seen anymore, such as 11-41-9 (theft of poultry) and 11-41-32 (theft of historic stone walls). Whatever type of larceny you or a loved may be facing, call us today and let one of our experienced attorneys work with you to find the best possible defense
What are the penalties for larceny in Rhode Island?
In addition to all applicable jail and monetary penalties, an individual convicted of larceny may be required to pay restitution to the victim for the value of the missing goods. These penalties may be enhanced if the victim is a minor or over the age of 65.
Is larceny a felony or a misdemeanor?
It depends on the dollar amount. Under Rhode Island General Law 11-41-5, larceny under $1,500 is a misdemeanor punishable by up to one year in prison, a $500 fine, or both. If the value of the goods exceeds $1,500 then it is charged as a felony and the penalty escalates with the value of the stolen goods.
What if the larceny was attempted but was incomplete or unsuccessful?
Under Rhode Island General Law 11-41-6, an individual who makes an act towards attempting a larceny but doesn't succeed can be convicted of attempted larceny. Notwithstanding the fact that the larceny may not have been successful, the penalties for attempted larceny are the same as had it been successful and are spelled out in Rhode Island General Law 11-41-5.
Are there defenses to larceny charges?
Absolutely. As you now know, larceny can take many different legal forms, each with a seemingly limitless variety of factual examples. Much like most areas of the law, each case is different and requires and in-depth review of the charges in order to pinpoint the best possible defense or combination of defenses. Here at Marin and Barrett, Inc., our team of highly skilled defense attorneys have seen and defended all types of larceny, property, and white-collar crimes. If you have been accused of a property crime, call us today to schedule a free consultation and secure the best possible outcome for your case.
Can larceny and other property crimes have adverse immigration consequences?
Yes. Under Federal Immigration Law, larceny crimes are considered “crimes of moral turpitude” and can trigger removal proceedings. If an individual has a green card, work or travel visa, is undocumented, or is otherwise not a United States citizen, a larceny conviction can trigger removal proceedings from the United States. These removal proceedings are in addition to the penalties applicable under Rhode Island law and Rhode Island has no control over the proceedings.
What is larceny from the person?
Larceny from the person, defined in Rhode Island General Law 11-41-7, is different from simple larceny in that it requires the defendant to actually steal or attempt to steal goods directly from the body of someone else. As a lesser-included offense of robbery larceny from the person is a significant crime and is therefore punished very severely: it is a felony regardless of the dollar amount and can carry up to ten years in prison.
What are some examples of larceny from the person?
The most common examples of larceny from the person are pickpocketing (i.e., taking a wallet, watch, or other object directly off of somebody else) and purse-snatching (grabbing and taking a purse or bag off the arm of somebody else).
Is the habitual offender statute applicable to larceny, receiving stolen goods, and obtaining property under false pretenses?
Yes. Under Rhode Island General Law 11-41-24, anyone previously convicted of shoplifting, and/or larceny, and/or receiving stolen goods may be deemed a “habitual offender.” Habitual offenders potentially face additional penalties to the new charge itself, including imprisonment of between six months and one year, a fine between $200 and $500, or both.
What is obtaining money or goods under false pretenses?
Obtaining property, goods or money under false pretenses is illegal under Rhode Island Law 11-41-4. This crime is principally very similar to larceny, except that rather than actually stealing the goods, the individual obtains the goods or money from the victim either by lying, defrauding, or cheating. Given the similarity to larceny, Rhode Island law punishes each the same way, as spelled out in 11-41-5.
What are examples of obtaining property by false pretenses?
While the individual examples are numerous and may vary significantly, they largely all have to do with an individual obtaining property from another by deception, trickery, or outright lies. For instance an individual promising to perform work for someone else in order to get paid without ever having any intention to do the work. Another example is someone posing as someone else or holding themselves out to be something that they are not in order to obtain money or property, such as signing for a package that is not yours. The examples are virtually endless and each comes with their own specific pitfalls and defenses. If you have been charged with any property crime, don't handle it alone – call us today and let us fight your legal battle for you.
What is receiving stolen goods?
Receiving Stolen Goods, outlined in Rhode Island General Law 11-41-2 deals not with the stealing of goods, but of the transfer of stolen goods. Under Rhode Island law, an individual may be charged with receiving stolen goods simply for fraudulently receiving or taking possession of any property they know or have reason to believe is stolen. This is different from stealing in that the State need not prove that the individual actually stole the goods him or herself; in fact, the State need not even prosecute or identify the actual thief. Receiving stolen goods is considered a larceny and the penalties are spelled out in 11-41-5.
What if I did not know the goods were stolen?
That question is a common one, and what makes receiving stolen goods such a unique charge. 11-41-2 specifically states that “possession of any stolen property shall be evidence of guilty knowledge by the person having possession that the property was stolen, unless the person shows that it was acquired in the due course of trade and for adequate consideration.” Why this is unique is that this law presumes that the defendant knew that the goods were stolen, and if they are not, it shifts the burden to the defendant to prove otherwise. This is a murky area of the law and can be particularly difficult to navigate. If you have been charged with receiving stolen goods, having an attorney who understands the complexities of the law is of the utmost importance.
What are common examples of receiving stolen goods?
Receiving stolen goods is commonly charged when the police or the state are able to prove that the property itself is stolen, but cannot actually prove the theft. For instance, an individual trying to sell stolen merchandise at a pawn shop may be charged with receiving stolen goods simply for possessing the goods. Likewise, it is not uncommon for people exchanging goods via craigslist or Facebook marketplace to be charged with receiving stolen goods if they turn out to have been reported stolen. It is even possible to be charged after a traffic stop if the license plates on the car had been reported stolen.
What is refusal or failure to return rental property?
Rhode Island General Law 11-41-16.1: Sale or concealment of leased personal property actually makes it illegal to refuse to return rental property. This is actually considered to be larceny under Rhode Island law and individuals charged face the same potential penalties outline in 11-41-5. This charge is most often seen in the context of an individual who rents furniture or electronics and either declines to return the property in the time spelled out in the lease or forgets entirely. If you or a loved one have been accused of failing to return rental property, do not let a simple mistake or accident tarnish your reputation or subject you to criminal penalties – call us today and put us to work making it right.
RI LARCENY LAWS
§ 11-41-1 Stealing as larceny
Every person who shall steal any money, goods, or chattels, or any note of the general treasurer of this state for the payment of money, any bank bill, any certificate of any bank or of any public officer or corporation securing the payment of money to any person or certifying it to be due, any certificate of stock in any corporation, any order entitling a person to money or other article, or any bill of exchange, bill of lading, railroad ticket, bond, warrant, obligation, bill, or promissory note for the payment of money, or other valuable property, or any record or paper belonging to any public officer, or any writ, warrant, or other legal process, or any book or part of one containing an account, any receipt for money or other article paid or delivered, any adjustment or document of any kind relating to the payment of money or delivery of any article, any indenture of apprenticeship, or any deed, covenant, indenture, or assurance whatsoever respecting any property, real or personal, shall be deemed guilty of larceny.
§ 11-41-5 Penalties for larceny
(a) Any person convicted of any offense under §§ 11-41-1 – 11-41-6, except § 11-41-3, if the value of the property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert exceeds five hundred dollars ($500), or if the property is a firearm as defined in § 11-47-5.1, regardless of its value, shall be punished by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. If the value of the property or money does not exceed five hundred dollars ($500), the person shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars ($500), or both. Any person convicted of an offense under § 11-41-2 who shall be found to have knowingly obtained the property from a person under eighteen (18) years of age, notwithstanding the value of the property, shall be punished by imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both.
(b) Any person convicted of an offense in violation of §§ 11-41-1 – 11-41-7, except § 11-41-3, which involves a victim who is a person sixty-five (65) years of age or older at the time of the offense and which involves property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of five hundred dollars ($500), shall be punished by imprisonment for not less than two (2) years but not more than fifteen (15) years or by a fine of not more than five thousand dollars ($5,000), or both. If the value of the property or money does not exceed five hundred dollars ($500), the person shall be punished by imprisonment for not less than one year but not more than five (5) years or by a fine of not more than three thousand dollars ($3,000), or both.
§ 11-41-6 Attempted larceny
Whoever attempts to commit larceny by doing any act toward the commission of the offense, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been inflicted if the attempted offense had been committed.
§ 11-41-7 Larceny from the person
Every person who shall steal or attempt to steal from the person of another any money, goods, chattels, or other article enumerated in § 11-41-1, shall be imprisoned not less than one year nor more than ten (10) years.
RI LARCENY DEFENSE CITIES & TOWNS
As a Rhode Island Larceny Lawyer, Attorney Matthew Marin represents and defends individuals charged with misdemeanor and felony larceny in the following towns and cities: Barrington, Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, and Woonsocket.