Did you know that the charge, fines, and jail time for grand larceny in SC depend on the value of the allegedly stolen goods? The more valuable the stolen goods, the greater the penalties you may be facing.
But how does law enforcement decide on the value of the stolen goods?
And what are the penalties for Grand Larceny in SC?
If you are facing a South Carolina grand larceny charge you should know what lies ahead. Keep reading to find out everything you need to know so you can start fighting for your future.
In this article you will learn:
- The definition of grand larceny
- The difference between grand larceny and petit (petty) larceny
- The potential penalties for a grand larceny conviction
Grand Larceny SC: What You Need to Know
Simply put, larceny is a fancy word for stealing.
Which larceny charge you get depends on how much the alleged stolen property is worth. The higher the value, the more serious the charge. The more serious the charge, the more strict the penalties get.
The basic definition of larceny in SC is the taking and carrying away the property of another with the intent to deprive the owner of the property. Basically, the person accused of the crime takes somebody else’s stuff and has no intention of ever returning it. It is important that the accused does not have permission to take anything from the owner of the property.
If the accused does not use force to take the item (such as using a gun, something like a gun, etc.) then the crime is most likely larceny or a crime of dishonesty. If force is used the crime is likely not larceny; it would be some form of robbery, such as Armed Robbery.
Importance of Item(s) Stolen
The items stolen in a larceny case are personal property. Personal property means something that is able to be moved, such as a TV, vehicle, purse or piece of furniture. Larceny does not involve real property such as real estate, houses, or land.
There are two types of larceny in SC: “Petty Larceny” and “Grand Larceny.” A petty larceny means the value of the stolen goods is $2,000 or less. Petty Larceny is handled in Magistrate or Municipal Court.
A Grand Larceny charge in SC means that the value of the items is greater than $2,000. This charge is prosecuted in General Sessions Court.
The Penalties for Grand Larceny:
A conviction for grand larceny in SC is always a felony, not a misdemeanor. You could be facing a fine determined by the Judge and even jail time.
Restitution may also be ordered if you are found guilty. Restitution is money that the accused owes the owner for the stolen items.
There are two categories of grand larceny penalties depending on the value of the stolen goods. Both categories are felonies.
Value of Item(s) Stolen
0-5 years in prison
$10,000 or more
0-10 years in prison
Factors Affecting Sentencing
There are several factors that determine the sentence for a grand larceny conviction in SC. Here are a few:
- The Defendant’s prior record, especially if the Defendant has been convicted of stealing items in the past
- Any statement the Defendant may make at sentencing
- Testimony from family and friends in support of the defendant’s character
- The victim’s testimony if he or she wants to speak
- Whether the Defendant is on probation at the time of sentencing for a different crime
- Age of the Defendant
- Other mitigating factors
The victim of grand larceny in SC will be notified of all court hearings and the Court will hear from the victim or victims if they wish to talk to the Judge. The victims have certain rights under the Victims’ Rights’ Act.
Common Questions About Grand Larceny Charges:
- What is grand larceny?
Grand larceny in SC is stealing personal property that involves goods valued $2,000 or more.
- Is grand larceny a felony?
- What is the punishment for grand larceny?
The penalties for a grand larceny conviction in SC are stiff. They can include jail time, probation, and/or a fine in the discretion of the judge. If jail time is ordered, you could be facing up to 10 years in prison depending on the value of the stolen goods.
Restitution may also be ordered if money is due to the victim to be paid back for the stolen items.
- Who determines the value of the goods?
The value of the goods is extremely important since it determines which larceny charge you are charged with and how steep the penalties will be. The State can put up witnesses and offer testimony about the value of the items.
The value of the items to the victim may be taken into consideration. For example, a very old gold ring may be worth only $50, but to the victim it may be a sentimental item that belonged to their Grandmother that cannot be replaced. The judge will take this type of information into consideration. A restitution hearing may be necessary for the judge to determine the value of the goods.
- Is it possible to get probation for Grand Larceny?
Yes, it is possible, but not a definite outcome. Grand Larceny in SC is a felony so if you are convicted of Grand Larceny, you will be a convicted felon and give up certain rights.
There is no mandatory minimum jail sentence, though. The judge may consider input from the Solicitor, victim(s), individual facts of the case, and your prior criminal record to determine a sentence.
- Do I need an attorney to fight grand larceny charges?
Yes! Felonies can affect your life forever in many ways, including the loss of your current job, the loss of future job prospects, and damage to your family relationships. You need to put your best foot forward now, when it really counts. For more on this you can go here.
Ready to take the next step?
Facing grand larceny charges in South Carolina is serious, and it is definitely not something that you want to tackle alone. If you are ready to start protecting your future, the first step is to discuss your case with an attorney who can help prepare your defense.
Are you ready to talk to a lawyer? Set up a free consultation so our team can examine the facts of your case. You don’t have to fight this battle alone.
Just call (843) 607-9800 or contact us through our online form.