WHAT THE PROSECUTION MUST PROVE BEYOND A REASONABLE DOUBT
In order to obtain a conviction for grand larceny, a felony, the prosecution must prove the following elements of the crime and they must prove each and every element BEYOND A RESONABLE DOUBT:
1. That you took property and carried it away;
2. That the taking was against the will and without the consent of the owner;
3. That the taking was with the intent to steal; and
4. That the property was worth $200 or more.
“Steal” is defined as “the intent to permanently deprive.”
So, if you intended to borrow and not permanently deprive, you are not guilty; but you must be able to (1) show through cross examination that the prosecution’s evidence of your intent to permanently deprive is non-existent or weak and/or you must have evidence of your own that you only intended to borrow the property.
You don’t have to be caught outside the store if the accusation is shoplifting.
The jury can find that you “carried away” the property even if you are still inside the store.
Value can be proven in any number of ways including testimony from the alleged victim.
Your attorney needs to scrutinize and, where appropriate, attack the evidence of property value.
If the prosecution cannot prove that the value of the property was $200 or more, but they can prove the other three elements, the jury can convict you of petit larceny, which is a misdemeanor.