What’s the Difference Between Theft, Larceny, and Fraud?
Theft and fraud attorneys in Florida are often asked a lot of questions about the law, especially when facing criminal charges. The law is incredibly complex, and mainstream media sometimes mixes up terms, which can be confusing for the general public.
This article defines and explains the differences between three common legal terms: theft, larceny, and fraud.
What Is Theft?
Theft is an umbrella term for any crime that involves taking someone’s personal property. So, while larceny (defined below) focuses on a specific form of taking of property, theft encompasses various offenses involving the unlawful taking of property.
Theft can include the following crimes under its umbrella:
- Embezzlement
- Robbery
- Burglary
- Larceny
- Looting
- Fraud
- Extortion
- Pretenses
- Receiving stolen property
- Identity theft
What Is Larceny?
Larceny is defined as the trespassory taking of possession and carrying away of another person’s personal property with the intent to deprive the owner of his or her property permanently.
The term “trespassory” simply means that the defendant took the property wrongfully without the other person’s consent. In this context, taking means gaining or assuming possession of that property. Further, for larceny to exist, the defendant must physically move the property, not just touch it. The movement, however, can be very slight.
Examples of larceny include:
- Shoplifting
- Pickpocketing
- Taking a bicycle
- Stealing a car
- Stealing items from someone’s residence
- Purse snatching
Larceny can also be done by trick, meaning that the taking was done with a knowingly false or fraudulent representation that induces the victim to deliver possession to the defendant. In this situation, the victim would believe they are going to get the property back in the future when, in fact, the intent is for the defendant to keep it permanently.
What Is Fraud?
Fraud is a theft crime that involves deceit or misrepresentation to obtain property unlawfully. It is a deliberate act of deception that can include a wide range of dishonest (but nonviolent) practices and false representations.
To be found guilty of fraud, the prosecution must prove that the false representation was one of a material fact, the person making the statement knew of the falsity, there was an intent to deceive or mislead the victim, the victim reasonably relied on the false representation, and the victim actually suffered a loss or damages as a result.
The prosecution bears the burden of proving all of these elements beyond a reasonable doubt, and the consequences of a guilty plea could be fines, restitution (compensating the victims financially), probation, and imprisonment.
Examples of fraud include:
- Identity theft
- Credit card fraud
- Insurance fraud
- Tax fraud
- Securities fraud
- Internet and online fraud
- Mail and wire fraud
- Mortgage fraud
- Healthcare fraud
- Corporate fraud
For help with a fraud case, it’s recommended to contact a white-collar crime lawyer in Florida.
What Is the Difference Between Theft, Larceny, and Fraud?
Theft, larceny, and fraud are all considered types of personal property crimes, as opposed to a crime committed against a person or a crime against real property like land, though the specific elements of each of these crimes are different. While each of these crimes are typically classified as “theft crimes,” state statutes draw important distinctions between them.
Contact an Experienced Florida Fraud Defense Attorney
For legal help with fraudulent activity, Florida attorney Michael White, P.A. has over 20 years of professional legal experience, working as both a prosecutor and a criminal defense lawyer. To request a free consultation, call (954) 270-0769 or contact us online.
