Have you been charged with Grand Larceny in Mississippi? Here’s some facts you need to know.
In order to prove you guilty of grand larceny under Mississippi law, the State must prove:
(1) that you took and carried away;
(2) the personal property of another person; and
(3) that the personal property had a value of $500.00 or more.
See Mississippi Code Section 97-17-41.
While this is the statutory language, you should also keep in mind the following facts about the crime of grand larceny:
(a) The State must prove that you intended to steal the property;
(b) The State must prove that you intended to permanently take the property from the owner. If you took the property with the intent to use it temporarily and then give it back, you are not guilty of grand larceny under Mississippi law;
(c) The State must prove that you had no legal right to possess the stolen property, and that you did not have consent to take the property;
(d) The State must prove the identity of the true owner of the stolen property;
(e) The fact that you were arrested while in possession of recently stolen property may be used as proof that you were the one who actually stole it, and are guilty of grand larceny. However, if you have a reasonable, legitimate explanation for how you came into possession of the stolen property, you can defeat this evidence;
(f) You cannot be convicted of grand larceny in Mississippi if you find and keep lost property, so long as you don’t know the identity of the owner and have no immediate way of identifying the true owner;
(g) The State is required to prove that the stolen property had a value of $500.00 or more. The value of the stolen property must be proven beyond a reasonable doubt;
(h) If the value of the stolen property is less than $500.00, you are not guilty of grand larceny, and can be found guilty only of misdemeanor petit larceny;
(i) Under the Mississippi grand larceny law, “value” means the fair market value at the time the property was stolen;
(j) The value of the stolen property can be proven by showing evidence of how much it would cost to replace the property;
(k) The value of the stolen property may also be proven by showing the cost of similar items on the open market;
(l) The value of the stolen property may also be proven by showing how much the victim paid for the property, so long as the property was purchased a short time before it was stolen;
(m) You have the right to introduce evidence that the value of the property is less than $500.00.
While grand larceny may seem simple and straightforward, it’s not. Many of these rules and principles can be used to show that you are not guilty of grand larceny under Mississippi law. At a minimum, many times we can use these rules to get the charge reduced from felony grand larceny to misdemeanor petit larceny.
Finally, if you have been arrested for grand larceny in Mississippi, you need to know the penalty you are facing if you are convicted of grand larceny: ten (10) years in prison and a fine of $10,000.00.
If you have been arrested for grand larceny in Mississippi, you need a criminal defense lawyer with the experience and tenacity to protect your rights. If you need help, we’re here for you. Please contact us at 601.944.1984. There is no cost for an initial consultation.