QUESTION
Is there a time period associated with larceny?
Asked on Jul 25th, 2012 on Criminal Law - New Jersey
More details to this question:
I dropped my engagement ring off at the jewelry store it was purchased at to be repaired and when I went to pick it up it was missing. It turns out that the employee who "helped" me had taken it home that night and when I told the manager the name of the employee who had "helped" me when I dropped it off they called him and he brought it back to the store- 3 days after I had taken it in to be repaired. Is this considered larceny?
24 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on May 29th, 2013 at 1:31 AM
Leonard A. Kaanta
Yes.
Answered on May 29th, 2013 at 1:23 AM
Michael J. Breczinski
It is considered embezzlement.
Answered on Aug 08th, 2012 at 11:55 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Since you received the ring back it doesn't sound as though the person who took your ring home was intending to deprive you of ownership of the ring which would be a legal requirement for a criminal case against the taker if that is what you are considering. If the ring was taken home by the employee to complete the repairs I don't know what you have to be worried about unless there is something more involved. It doesn't seem as though you had any damage or inconvenience that wasn't taken care of in a reasonable time frame. I don't know why you are thinking in terms of larceny. I suggest that if you think there was criminal activity involved you report what happened to the police and see what if anything they might tell you.
Answered on Aug 07th, 2012 at 1:06 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes but so what. You've got your ring back. Move on and never go to that sore again.
Answered on Aug 01st, 2012 at 8:12 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes but as long as the item is not damaged I believe you should just move on.
Answered on Aug 01st, 2012 at 8:01 PM
When a crime is committed it cannot be 'uncommitted'. The fact that someone unlawfully took your ring cannot be corrected by returning the ring. The fact that the person who took the ring was an employee to whom you entrusted your ring took the ring home instead of fixing the ring at the place of business may constitute the crime of embezzlement rather than larceny (theft).
Answered on Aug 01st, 2012 at 7:45 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes, but it is too chicken shit for a DA to prosecute. But you could sue the guy and the store in small claims court where the jurisdiction is up to $5000.
Answered on Aug 01st, 2012 at 2:52 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It might be hard have a prosecutor bring charges against this person, especially since you now have the ring back. In a criminal case, you have to prove "intent". Since you have it back, without damage, it would be very difficult to prove "beyond a reasonable doubt" that this person intended to steal the ring when he/she took it home. Absent the ability to prove this, you are wasting your time. You should be thankful that you have the ring back and leave it at that. Just don't patronize the same jewelry store in the future.
Answered on Aug 01st, 2012 at 2:42 PM
Larceny is the felonious taking and carrying away of personal property. Based on your description of events, it sounds like this is what happened. The fact that the "helper" returned the property the next day is irrelevant. But, it is up to the D.A. to decide whether or not to file charges.
Answered on Aug 01st, 2012 at 2:19 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Yes. Just because he returned it after being caught does not undo the crime.
Answered on Aug 01st, 2012 at 12:58 PM
NO. You have your ring back . . . you have no damages.
Answered on Aug 01st, 2012 at 12:48 PM
Dennis P. Mikko
It could be but since you got your ring back, why do you want to pursue this.
Answered on Aug 01st, 2012 at 12:44 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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It was theft if he intended to keep it.
Answered on Aug 01st, 2012 at 12:37 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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It was until you got it back. The police might be interested if you want to pursue it.
Answered on Aug 01st, 2012 at 12:14 PM
3 Awards
Technically, but what are your damages? And no DA will accept charges since you got it back.
Answered on Jul 31st, 2012 at 9:26 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is theft, but the question is whether the police will act at this point or if they will tell you this is a civil issue.
Answered on Jul 31st, 2012 at 9:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably not, or, given the facts presented would not be prosecuted.
Answered on Jul 31st, 2012 at 9:06 PM
Yes, in WA it is called theft.
Answered on Jul 31st, 2012 at 8:40 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Contact police. It really depends on facts. Was ring taken home for a legitimate reason.
Answered on Jul 31st, 2012 at 8:29 PM
Yes, even if the ring was taken for a temporary period of time and even though it was returned, the conduct, if coupled with an intent to permanently deprive, could be construed as larceny.
Answered on Jul 31st, 2012 at 8:21 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is theft, which is the word now used for larceny. Even a temporary taking is a theft in Florida if all of the elements are there. You can report the theft to the police. The statute of limitations on a 3rd degree felony is 3 years, on a 1st degree misdemeanor it is 2 years. It's probably a 3rd degree felony, assuming that the ring was worth more than $300.
Answered on Jul 31st, 2012 at 8:21 PM
1 Award
It depends on what his intentions were by taking it home. Talk to the police and let them make a decision as to whether to pursue a case.
Answered on Jul 31st, 2012 at 8:19 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No it is not considered larceny as you did receive it back, but possibly attempted conversion.
Answered on Jul 27th, 2012 at 3:13 PM