If you have been charged with a theft-related offense in South Carolina, you may have heard terms like “petit larceny” and “grand larceny.” Understanding the difference between these two charges is crucial because the penalties vary widely depending on the value of the property involved.
At Joe Good Attorneys at Law, we know how stressful criminal accusations can be. Whether you are facing a misdemeanor or felony theft charge, you deserve clear information and strong legal representation. Reach out today for our attorneys to explain the key distinctions between petit larceny and grand larceny in South Carolina and what to do if you are accused.
Understanding Larceny Charges in South Carolina
In South Carolina, “larceny” is a general term used to describe theft crimes involving the unlawful taking of another person’s property. However, the seriousness of the offense depends largely on the value of what was taken and the circumstances surrounding the alleged crime.
What Does “Larceny” Mean Under South Carolina Law?
Larceny occurs when someone takes another person’s property without permission and with the intent to permanently deprive the owner of it. The property can include physical items such as money, jewelry, vehicles, electronics, or other valuables.
Unlike robbery, larceny does not involve force or threats. The prosecution must prove that you intentionally took something that did not belong to you and that you did not intend to return it.
Why the Value of Property Matters
The primary factor that determines whether a larceny offense is classified as petit or grand is the value of the stolen property. The higher the value, the more severe the potential punishment. South Carolina law sets specific dollar thresholds that separate these two categories, which is why accurate valuation often becomes a key issue in court.
What Is Petit Larceny in South Carolina?
Petit larceny is the less serious of the two larceny classifications, but it is still a criminal offense that can lead to jail time and a permanent record. It applies when the value of the stolen property is $2,000 or less.
Common examples include shoplifting small items, taking personal belongings, or stealing low-value property. Even if the item’s value seems minor, a conviction for petit larceny can carry lasting consequences.
Penalties and Potential Consequences
Petit larceny is considered a misdemeanor under South Carolina law. The penalties can include:
- Up to 30 days in jail
- Fines up to $1,000
- Court costs, restitution, or probation
A petit larceny conviction can also affect employment opportunities and future background checks. In some cases, first-time offenders may be eligible for alternative programs that can help reduce or dismiss the charge with the help of a criminal defense attorney.
What Is Grand Larceny in South Carolina?
Grand larceny is a much more serious offense. It applies when the stolen property is valued at more than $2,000. This offense is classified as a felony, meaning a conviction can result in a prison sentence and a permanent mark on your criminal record.
Penalties for Grand Larceny
Grand larceny penalties depend on the property’s value:
- If the value is between $2,000 and $10,000, the potential punishment is up to 5 years in prison.
- If the value exceeds $10,000, the penalty increases to up to 10 years in prison.
Because grand larceny is a felony, it can also result in loss of certain civil rights, including the right to vote or possess a firearm. A felony conviction can make it very difficult to find work, rent housing, or maintain professional licensing. Working with a qualified theft defense lawyer as soon as possible can help protect your future.
Petit Larceny vs Grand Larceny: Key Differences
While both crimes involve theft, the main difference between petit larceny and grand larceny in South Carolina lies in the value of the property and the resulting classification of the offense. Petit larceny is a misdemeanor; grand larceny is a felony.
Grand larceny cases tend to draw more scrutiny from prosecutors and judges, and they often involve higher stakes, such as larger sums of money or valuable assets like vehicles or jewelry.
How Prosecutors Decide Which Charge Applies
Prosecutors rely on police reports, receipts, and appraisals to determine the property’s value. If the value is close to the $2,000 threshold, the defense may be able to challenge the accuracy of the valuation or argue that it was improperly calculated.
Sometimes, charges are filed as grand larceny initially but may be reduced to petit larceny or dismissed entirely after further investigation. An experienced attorney can review the evidence and identify weaknesses in the state’s case.
Defending Against Larceny Charges in South Carolina
Every larceny case is unique, and there are multiple ways to defend against theft allegations. Common defense strategies may include:
- Lack of intent to permanently take the property
- Mistaken ownership or misunderstanding
- Insufficient evidence linking you to the alleged theft
- Unlawful search and seizure by law enforcement
- Inaccurate valuation of the property
A criminal defense lawyer will examine all available evidence, including surveillance footage, witness statements, and police reports, to find inconsistencies or procedural errors that can strengthen your case. Your attorney may even be able to find errors in police conduct such as not properly observing your rights during arrest to challenge the validity of the arrest itself.
If a young person is accused, certain cases may be handled in the juvenile defense system rather than adult court.
What to Do If You’re Charged with Larceny in South Carolina
If you have been charged with petit or grand larceny, the most important step is to remain calm and avoid making statements to police without an attorney present. Contact a qualified criminal defense lawyer immediately to discuss your case.
Joe Good Attorneys at Law provides representation for individuals facing theft and other criminal charges throughout South Carolina. Our firm works tirelessly to build strong defenses and to pursue case dismissals, reductions, or favorable plea agreements when possible.
Frequently Asked Questions About Larceny in SC
Can you go to jail for petit larceny in South Carolina?
Yes. Petit larceny is a misdemeanor that carries up to 30 days in jail. However, with a skilled defense attorney, first-time offenders may qualify for alternative sentencing programs or probation instead of jail time.
Is grand larceny always considered a felony?
Yes. Grand larceny is classified as a felony under South Carolina law because it involves higher-value property. The penalties are severe, and a conviction will appear permanently on your record.
Can larceny charges be reduced or dismissed?
Yes. Depending on the evidence, your attorney may be able to negotiate for reduced charges or argue that the property’s value does not meet the threshold for grand larceny. In some cases, charges may be dismissed entirely due to lack of intent or improper procedure.
What happens if the stolen property is returned?
Returning the stolen property may help your case, but it does not automatically prevent prosecution. However, it can be a factor that helps your attorney negotiate for leniency or alternative sentencing.
Talk to a South Carolina Criminal Defense Attorney Today
If you are facing larceny charges, your future and freedom are too important to leave to chance. Joe Good Attorneys at Law is here to help you understand your rights, navigate the legal system, and fight for the best possible outcome.
Whether you are accused of petit or grand larceny, we can help you take control of your defense and protect your future. Contact us today to get started with a free, confidential consultation. One of our experienced criminal defense attorneys in South Carolina will review your case and discuss the best defense for your case.
