Greenville Property Crime lAWYER
There are several types of property crimes in Greenville, South Carolina, each of which has a “knowledge” and an “intent” requirement. Further, there is more than one way to get charged with each type of crime. If you have been accused of such a crime, then it is time to reach out to a Greenville property crime lawyer to discuss the details of your case.
What Are Property Crimes in Greenville, South Carolina?
These types of crimes are also referred to as “Crimes Against Property.” Typically, they involve deceit, dishonesty, theft, or embezzlement. The crimes may also involve the destruction of property.
In our state, these are not crimes that are treated with a mere slap on the wrist, but rather, they carry serious consequences. If a person is convicted of three or more property offenses, you could face up to ten years of imprisonment. This is called the “stacking effect” of such criminal activities.
The Law on Property Crimes in South Carolina
When one hears the word “property crime,” you might think of destruction or vandalism of property. Both certainly are examples of such criminal activity, but there are many other types of this kind of crime, too. If you’ve been charged with one of the crimes below, a property crime lawyer may be able to help.
- Shoplifting from a store
- Intentionally burning down a person’s garage
- Breaking into another person’s home to take money that is owed to you
- Holding onto a box as a favor to someone when you know that it contains stolen property
- Robbing a person on the street while pretending to have a gun in your hand or pocket
Types of Property Crimes in South Carolina
There are a wide variety of criminal offenses that fall into the category of property crimes in Greenville, South Carolina. Below is an overview of the most common types:
A robbery happens when you take the property of someone else and with the use of intimidation or force. Under this category, there are two kinds of robbery: armed robbery, and strong-arm robbery. As for penalties, a strong-arm robbery necessitates jail time which can range anywhere up to 15 years. For armed robbery, the penalty is between 10 to 30 years of imprisonment.
A burglary occurs when one breaks and enters into a dwelling or building without another person’s permission and with the intent to commit a crime in or on the property. In our state, there are three degrees of burglary, and the penalties for each of the degrees tend to differ, ranging from no time in jail up to life in prison, all depending on which degree a person is charged.
One can commit shoplifting in an array of ways. Essentially, it involves taking a product or an item from a store without paying for that item with the intention of shoplifting. Penalties for shoplifting are broken down by the value of the product shoplifted, and a criminal may face a fine of up to $1,000 or up to 1- years of jail time.
You may better know this word as theft, and it involved taking the property of another person. There are two types of larceny, namely petty larceny and grand larceny. In terms of petty larceny, a criminal may get up to 30 days in jail or a fine of as much as $1,000. At the other end of the spectrum is grand larceny which is much more serious and can result in the criminal being imprisoned for up to ten years or a fine, the amount of which is usually at the discretion of the court.
Receiving stolen goods
One receives stolen goods when you take possession of an item that you know has been stolen. The charge for receiving stolen goods is typically broken down into three groups, and depends on the value of the stolen goods. In this case, a criminal may be sentenced to up to ten years, or a fine of between $500 and $2,000.
This is a felony the involves forcible entry, using explosives or tools, into a safe or other kind of storage container for money, jewelry, and other types of valuables, with the intent to commit either larceny or another crime. Safecracking is punishable by as much as 30 years in jail, and depending on the defendant’s prior record, one might not be eligible for probation, or one may receive a life sentence.
Check and insurance fraud and forgery
All three of these are similar to shoplifting and larceny charges in that the dollar amount involved will affect whether the crime is a felony, or a misdemeanor and the sentence associated with the act. If the dollar amount adds up to less than a thousand dollars, it is considered a misdemeanor, and one will be sentenced of thirty days imprisonment. If the dollar amount works out to more than a thousand dollars, it is deemed a felony, and one will receive up to ten years imprisonment.
A bank robbery is a felony that is punishable by as much as 30 years imprisonment. A bank robbery is usually prosecuted in the court of general sessions, in either a state or federal court. One can be convicted if you obtain or attempt to obtain money or other types of securities or valuables by threat, force, or even the appearance of force.
Stealing a vehicle or using one without the owner of the vehicle’s permission, even if one returns it, is deemed to be a serious crime in our state. While it may only be classified as a misdemeanor, it can lead to as many as three years imprisonment. Even if you do have permission to use the vehicle, if the owner later claims that you did not have permission, you will find it difficult to prove said permission.
Trespassing is the unauthorized entry into the buildings or lands of another person. Trespassing is an offense that may be tried in the municipal court, magistrate court, or the court of general sessions, and those who are convicted risk facing a fine and up to thirty days imprisonment.
When a person alters or tampers with utility services and meters, such as an alarm or phone system, or water, gas, or electric meter, the act is deemed a misdemeanor in terms of property crimes in Greenville, South Carolina. The charge may be three years imprisonment, and if the act goes hand-in-hand with burglary, one may consequently face a charge of felony.
The Most Frequently Asked Questions About Greenville Property Crimes
1. Is a Burglary Considered a Property Crime?
In short, yes, it is. There are three degrees of burglary, which include first, second, and third-degree burglary. Burglary is considered a serious crime that is handled with severe consequences. If convicted, a person could get sentenced to life in prison.
2. Is It a Crime to Damage Property?
In Greenville, South Carolina, the damage of property is a crime and it is referred to as “malicious injury.” An essential requirement in such cases is that the damage has to have been willful, in other words, the damage is not an accident. The charges are typically broken down into three categories, according to the value of the damage one has caused to another person’s property. A penalty for a conviction can range from zero to ten years imprisonment.
3. Is There Such a Thing as Intellectual Crimes to Property?
Intellectual property crimes refer to inventions and ideas. Such crimes may include infringement, theft of trade secrets, the illegal sale of music, and many other categories.
4. What Exactly is Property Crime Enhancement?
When it comes to criminal charges, enhancement is an “upcharge.” In other words, the prosecutor bumps up the charge to one that is more serious, or is due to certain factors, such as the use of a deadly weapon to commit a crime, or one’s prior criminal history.
5. Is This Kind of Crime Really a Felony?
Yes, most property crimes are considered felonies, including forgery, grand larceny, arson, burglary, and robbery.
6. Is Robbery Really Part of This Criminal Category?
Yes. In South Carolina, two types of robbery are recognized, namely, armed robbery and strong-arm robbery.
7. How About Vagrancy, Does It Fit Into this Category of Crime?
No, vagrancy is not deemed a crime to property. Our state does not have a charge for vagrancy, which is closely related to loitering.
8. What About the Crime of Forgery?
Yes, forgery does fall into this criminal category. Forgery, essentially, is the use of deceit in order to obtain property that belongs to someone else. It is common for such cases to involve more than one count of forgery, and one may face serious jail time for each count of forgery.
9. Does Arson Fall Into this Criminal Category?
Yes, arson falls into the category of property crimes in Greenville, South Carolina. Arson is the intention act of burning someone else’s building, structure, or dwelling. All three degrees of arson are deemed to be felonies.
10. How About Larceny?
Larceny does indeed fall into this area of criminal activity, and it is most commonly known as theft.
11. What Should You Do If You Are Accused of a Crime?
If you are committed of a property crime in our state, you should seek legal advice from a Greenville property crime lawyer right away. Most of the criminal offenses mentioned here involve a lawyer working to prove that you had intent to rob a person of property, that the action was done with intent, and that the evidence discovered supports such accusations. Without proving these elements, there cannot be a conviction and therefore no criminal case.
12. How Does the State Categorize Theft Offenses?
Under the state’s law, all theft offenses fall under the category of larceny, in other words, the thefts of valuable items or goods. Larceny is sentenced according to the value of the property involved in the crime, with the lowest level offense being petty larceny and the most serious being categorized as grand larceny.
13. What is the Difference Between a Misdemeanor and a Felony?
A misdemeanor is a crime where the defendant can face less than one year of jail time and usually involves less serious crimes. A felony is a crime that is usually punished by more than a year in prison and is the more serious of the two categories.
14. What Exactly is Embezzlement?
Embezzlement refers to a type of property theft that occurs in a number of circumstances. For instance, it can occur when a defendant, who was entrusted to monitor or manage another person’s property or money, steals part or all of the property or money for one’s personal gain. The key is that the person had legal access to someone else’s property or money, but was not the legal owner of that property or money. Take the property or money for your own gain is considered stealing, and when this is combined with the fact that stealing is a violation of a position of trust, you can be accused of embezzlement.
15. Is Shoplifting the Same Thing as Larceny?
No. Shoplifting and larceny are different, but they do have similarities. For instance, larceny is known as theft, and is the stealing from another person, whereas shoplifting views the victim as the merchant or the store.
16. Can Shoplifting Charges be Dropped in South Carolina?
Yes, just like other criminal charges, charges of shoplifting can be dropped in our state. Dropped charges tend to occur when your property crime lawyer uncovers any mistakes made by the merchant or the police.
17. Will Charges Appear on a Background Check?
Yes, a criminal record (including property crimes, charges, and convictions) does appear on background checks that may be requested by your bank, landlord, employer, or any other institutions. It is important to note that a criminal record can negatively impact one’s life in a variety of ways, which is why it is important to seek legal assistance.
Contact a Greenville Property Crime Lawyer Today
If you have been charged with property crimes in Greenville, South Carolina, contact Brumback & Langley LLC today to resolve your issue. Our South Carolina property crime lawyer will provide you with the attention and time that your case deserves. Book your consultation today.