Larceny Lawyers Sydney
- Strategic Defence for All Larceny Charges
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- Avoid a Criminal Conviction for Stealing
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Expert Larceny Defence to Protect Your Record & Future
A larceny charge in Sydney can have serious consequences, from significant fines and a criminal conviction to a term of imprisonment. The right legal advice from a specialist criminal defence lawyer is critical to navigating the system and securing the best possible outcome.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our senior criminal lawyers are experienced in helping our clients avoid criminal convictions and minimising penalties for every type of larceny offence.
Our criminal defence team has a proven track record of successfully defending clients across a wide spectrum of larceny matters, including:
- Larceny & Stealing Charges
- Shoplifting Offences
- Larceny by Clerk or Servant
- Larceny by Finding
- Goods in Custody
- Claim of Right & Other Defences
What is the Offence of Larceny in NSW?
Larceny, commonly known as theft or stealing, is a criminal offence under the Crimes Act 1900 (NSW). It involves taking and carrying away property that belongs to someone else, without their consent, and with the intention of permanently depriving them of it. This covers a wide range of conduct, from shoplifting to more complex stealing offences.
To find you guilty of a larceny charge, the prosecution carries the heavy burden of proving every element of the offence beyond a reasonable doubt. They must prove that you took property belonging to another person, that you did so dishonestly and without the owner’s permission, and that at the time of taking it, you intended to permanently deprive them of it.
If the prosecution cannot prove each of these components, you cannot be found guilty. This makes a thorough analysis of the police evidence and a strategic criminal defence essential in every larceny case.
Penalties for a Larceny Offence in NSW
The consequences of being found guilty can be severe, and a criminal conviction for a dishonesty offence can significantly impact your employment, travel and future prospects. The maximum penalty for a larceny offence depends on the value of the property stolen and whether the case is finalised in the Local Court or the District Court.
While the penalties can include a term of imprisonment, it is important to remember that this is a last resort. An experienced criminal defence lawyer can prepare a persuasive case to help you avoid a criminal record.
Penalties for Larceny in the Local Court
Most larceny charges in NSW are dealt with in the Local Court. The maximum penalties are determined by the monetary value of the property involved.
| Value of the Property | Maximum Term of Imprisonment | Maximum Fine |
|---|---|---|
| Up to $2,000 | 2 years imprisonment | $2,200 |
| Between $2,001 and $5,000 | 2 years imprisonment | $5,500 |
| Over $5,000 | 2 years imprisonment | $11,000 |
Penalties for Larceny in the District Court
More serious larceny cases may be dealt with in the District Court of NSW. For a larceny offence finalised in the District Court, the maximum penalty is up to 5 years imprisonment under section 117 of the Crimes Act 1900 (NSW).
Penalties for Other Larceny Offences
Certain specific types of larceny carry higher maximum penalties due to aggravating factors, such as a breach of trust. For example, the offence of ‘Larceny by a clerk or servant’ carries a maximum penalty of 10 years imprisonment if the matter is dealt with in the District Court.
It Is Possible to Avoid a Criminal Conviction
If you plead guilty or are found guilty of a larceny offence, the court has a range of sentencing options available. With strong legal representation from an expert criminal lawyer, it is possible to avoid a criminal conviction entirely.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a proven track record of persuading courts to deal with larceny charges without recording a conviction by seeking a Section 10 dismissal or a Conditional Release Order.
This allows you to move forward without a criminal record impacting your life. Other available penalties include fines, Community Correction Orders (CCOs), or Intensive Correction Orders (ICOs). We can provide expert legal advice on your options and build the strongest possible case to achieve the best outcome for you.
Pleading 'Not Guilty' to a Larceny Charge
If you believe you are not guilty of a larceny offence, it is essential to seek expert legal advice immediately. The prosecution must prove every element of the offence beyond reasonable doubt. These elements include that you took property belonging to someone else, without consent, dishonestly, and with the intention to permanently deprive the owner.
Our experienced criminal defence lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will thoroughly analyse the prosecution’s evidence to identify weaknesses and inconsistencies. We have a proven track record of having larceny charges dismissed or reduced by raising strong defences such as:
- Claim of Right:Â You genuinely believed you had a legal entitlement to the property.
- Lack of Dishonesty:Â Your actions were honest, such as a genuine mistake or misunderstanding.
- No Intention to Permanently Deprive:Â You only intended to borrow or temporarily use the property.
- Consent:Â The owner gave permission to take the property.
- Duress:Â You were forced to commit the offence under serious threats.
- Necessity:Â You acted to prevent a greater harm in an emergency.
By pleading not guilty, you have the opportunity to challenge the prosecution’s case and present your side effectively in court. Our team will prepare a compelling defence strategy to maximise your chances of acquittal or a favourable outcome.
Pleading 'Guilty' to a Larceny Charge
Pleading guilty means accepting responsibility for the offence. If you choose this path, entering an early guilty plea can be beneficial. Courts often view early pleas favourably as a sign of remorse and willingness to take accountability, which can lead to a reduced sentence.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we guide you through the process to achieve the best possible outcome, including:
- Negotiating the Police Facts:Â We review and negotiate amendments to the police summary to ensure the facts presented to the court are fair and accurate, helping to mitigate penalties.
- Gathering Character References:Â We assist in obtaining strong references from employers, family, and friends to demonstrate your good character.
- Psychological Reports:Â Where relevant, we help secure expert reports to explain any underlying mental health issues or mitigating factors.
- Letter of Apology:Â We can draft a sincere apology to the court, which often influences sentencing favourably.
What Must the Prosecution Prove?
To secure a conviction, the prosecution must prove beyond reasonable doubt:
- You took and carried away property.
- The property belonged to someone else.
- The owner did not consent to the taking.
- You intended to permanently deprive the owner of the property.
- You did not have a genuine claim of right to the property.
- You acted dishonestly.
Failure to prove any of these elements means you cannot be found guilty.
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Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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A Winning Record
We have a proven history of successfully defending clients against larceny charges. We focus on having charges dropped early, securing 'not guilty' verdicts, and protecting our clients from a criminal conviction for stealing.
EXPERT LARCENY DEFENCE LAWYERS
Our senior lawyers have over 40 years of combined experience exclusively in criminal law. Their deep legal expertise and knowledge of the NSW court system provide a significant advantage in building a strategic defence for your larceny case.
Free Strategy Session & 24/7 Help
We offer a free, urgent Strategy Session to assess your case and outline your options. Our team is available 24/7 because we know that immediate legal advice is vital when you're charged with a larceny offence.
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FAQs
What is larceny?
Larceny is a criminal offence in NSW, commonly referred to as theft or stealing. It involves taking and carrying away property belonging to someone else, without their consent, with the intention of permanently depriving them of it.
What must the prosecution prove for a larceny charge?
The prosecution must prove six key elements beyond a reasonable doubt: you took and carried away property; the property belonged to someone else; the owner did not consent; you intended to permanently keep it; you did not have a genuine ‘claim of right’; and you acted dishonestly.
What are the penalties for a larceny offence in NSW?
The penalties depend on the value of the property and the court hearing the matter. In the Local Court, penalties can range from fines up to $11,000 to a maximum of 2 years imprisonment. If the case is finalised in the District Court, the maximum penalty increases to 5 years imprisonment.
Will I go to jail for a larceny charge?
Imprisonment is a penalty of last resort and is not imposed in most larceny cases. An experienced criminal defence lawyer can prepare a persuasive case to mitigate penalties and argue for alternatives to a jail sentence.
Can I avoid a criminal record for larceny?
Yes, it is possible to be found guilty of larceny but have no criminal conviction recorded. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a proven track record of achieving Section 10 dismissals or Conditional Release Orders, which allows you to avoid a criminal record.
What is a Section 10 dismissal?
A Section 10 dismissal is a court order where you are found guilty of the offence, but the charge is dismissed without recording a criminal conviction. This is often the best possible outcome as it protects your record, employment, and ability to travel.
What is the first thing I should do if charged with larceny?
You should seek expert legal advice from a specialist criminal lawyer immediately. Understanding your rights and the case against you is critical. Daoud Legal: Sydney Criminal Defence & Traffic Lawyers offers a free initial strategy session to provide urgent and clear advice.
Is shoplifting the same as larceny?
Yes. In NSW, shoplifting is a common type of larceny and is prosecuted under the same laws. It is a serious criminal offence that can result in a criminal conviction if not handled by an expert defence lawyer.
What if I only meant to borrow the item?
If you only intended to take the property for a temporary purpose and genuinely planned to return it, you may have a valid defence. The prosecution must prove you had an intention to permanently deprive the owner of their property.
What is a ‘claim of right’ defence?
A ‘claim of right’ is a defence where you can show you held an honest and genuine belief that you were legally entitled to the property you took. This must be a belief in a legal right, not just a moral one.
What happens if I plead guilty to a larceny charge?
Pleading guilty early shows the court that you accept responsibility, which can result in a more lenient penalty. A skilled criminal lawyer can still achieve an excellent outcome by negotiating the police facts and presenting a strong plea to help you avoid a criminal conviction.
What happens if I plead not guilty to a larceny charge?
If you plead not guilty, the prosecution is required to prove every element of the offence beyond a reasonable doubt at a defended hearing. Our criminal defence lawyers will meticulously analyse the evidence to identify weaknesses and fight to have the charges withdrawn or dismissed in court.
How can a specialist criminal lawyer help my larceny case?
A specialist lawyer provides a strategic advantage. They can identify weaknesses in the prosecution’s case, raise powerful legal defences, and negotiate with police to have charges dropped. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we build a robust defence tailored to your specific situation to achieve the best possible outcome.
What is ‘larceny by clerk or servant’?
This is a more serious form of larceny where an employee steals from their employer. It is treated more severely because it involves a breach of trust and carries a maximum penalty of 10 years imprisonment if dealt with in the District Court.
What is ‘larceny by finding’?
Larceny by finding occurs if you find lost property and, instead of taking reasonable steps to return it to the owner, you dishonestly decide to keep it as your own.
What if I simply forgot to pay for an item?
The prosecution must prove you acted dishonestly. If you took property because of a genuine and honest mistake, such as being distracted and forgetting to pay, this may form a strong defence against a larceny charge.
Which court will hear my larceny case?
The vast majority of larceny charges are finalised in the Local Court of NSW. However, more serious cases, particularly those involving property of a very high value, may be dealt with in the District Court, which has greater sentencing powers.
Can a larceny charge be dropped before court?
Yes. An experienced criminal lawyer can negotiate with the police on your behalf. By highlighting evidentiary issues or presenting a valid defence at an early stage, we are often successful in persuading the prosecution to withdraw the charge.
How does the value of the stolen property affect the penalty?
The value of the property is a key factor in sentencing. The maximum penalties the court can impose increase significantly for property valued over $2,000 and again for property valued over $5,000.
Why choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers for a larceny charge?
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