Larceny and Receiving or Possession of Stolen Goods

“Larceny” is a fancy legal term for theft.

Whereas larceny refers to the act of taking property from someone else, “receiving or possession of stolen goods” is when stolen property is found on a person. The person must “receive or possess” property that the person knows is stolen.

Larceny and possession of stolen goods are graduated offense with the potential penalties based on the dollar amount of the property that is alleged to have been taken.

If the dollar amount is:

• Less than $2,000: a misdemeanor punishable by 30 days.
• Greater than $2,000 but less than $10,000: a felony punishable by up to five years in prison.
• Greater than $10,000: a felony punishable by up to ten years in prison.

In any larceny case, the prosecution must prove not only that you took the property, but also that you intended to permanently deprive the owner of that property. For example, if you borrow something with the intention of returning it, that is not larceny.

The dollar amounts described above are also an element of the crime that must be proven. If the dollar amount in a grand larceny case is not proven beyond a reasonable doubt, you may instead be found guilty of the lesser included 30-day offense of petit larceny instead of the more serious grand larceny charge.

Often, when law enforcement cannot prove larceny, they may charge a person with receiving or possession of stolen goods instead. They might believe that you stole the items, can’t prove it, but they know they can prove you were in possession of the items.

It is against the law to receive or possess any item that you know to be stolen. Knowledge is an element of this crime and must be proven beyond any reasonable doubt before you can be convicted.

Lacey Thompson practices exclusively criminal defense in SC courts, focusing on a single practice area to better serve her clients.

Call the Thompson & Hiller Defense Firm now at (843) 444-6122 or contact us online to discuss your legal options if you are facing larceny or receiving stolen goods charges.