Asked in Criminal Law for North Carolina

Q: I have a misdemeaner larceny charge. The cameras have me putting stuff back before I took again. Can that show borrowing

So I went and got their pressure washer then put it back for a day and took wheel barrow. Then came and got pressure washer next day. Can the fact I put it back for a day help argue I was borrowing it and it was stolen from me

Related Topics:
1 Lawyer Answer
John D. Pritchard
John D. Pritchard
  • Criminal Law Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: Maybe so. Larceny is the crime of someone:

1) Taking

2) Personal property

3) That is in the possession of another

4) Carrying it away

5) Without consent

6) With the intent to deprive the possessor of it permanently

7) With the knowledge that he or she is not entitled to the property.

It sounds like the sixth element may be helpful if I understand the question correctly. The fact that shows the pressure washer was returned shows a lack of intent to deprive someone of it permanently. But if you are charged with stealing the wheelbarrow and it was never returned, that's certainly going to be a harder case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.