Military Lawyer Larceny
A charge of larceny or theft is serious when committed by a civilian, but it can be especially detrimental to members of the armed forces for several reasons. When charged and convicted of petty or grand larceny, a civilian can face numerous penalties, including fines, restitution, or jail time. Service members tried and convicted of such offenses can face penalties such as confinement, discharge from service, and permanent loss of salary or benefits.
If you are a military member in the San Diego area and you are facing these charges, you need an experienced military attorney by your side. You need the Law Offices of Stephen Brodsky.
Larceny vs. Wrongful Appropriation
Charges of larceny aka and wrongful appropriation are both tried under (Uniform Code for Military Justice) UCMJ Article 121. These types of offenses are taken incredibly seriously in the military since trust in your comrades is a must. Theft of military property carries a confinement sentence for 5-10 years depending on the value of the stolen property.
Larceny and wrongful appropriation are identical offenses, but with one main difference: duration. Larceny implies that the offender had the intent of permanently holding onto the stolen property, while wrongful appropriation indicates that the offense was meant to only temporarily deprive someone of their stolen belongings. Larceny carries a heavier penalty than wrongful appropriation.
What Happens When Convicted of Larceny?
Larceny is when the accused wrongfully took or obtained certain property from the owner or any other person. Prosecutors will be taking many factors into consideration when seeking a successful larceny conviction, such as whether the property in question belonged to a certain person and whether the property was of a certain value. The value of the property determines the severity of the crime and subsequent punishment.
Another factor a prosecutor will be looking at is whether the property in question is owned by the military. Theft of military property valued at $500 or less can result in a bad conduct discharge, forfeiture of salary and benefits, and confinement for 1 year. Theft of nonmilitary owned property valued at $500 or less can result in the same penalties, but confinement is only 6 months instead of a year.
Theft of any nonmilitary owned property valued at more than $500 can result in a dishonorable discharge, loss of salary and benefits, and confinement of 5 years. Theft of military property valued above $500 or any military-owned vehicles, firearms, or explosives can result in a dishonorable discharge, loss of benefits and salary, and confinement for 10 years.
Penalties for wrongful appropriation can still yield pretty stiff consequences. Wrongful appropriation of any property valued at $500 or less can result in 3 months confinement and loss of 2/3 salary per month for 3 months. Wrongful appropriation of property valued at above $500 can end in a bad conduct discharge, permanent loss of salary, and 6 months confinement. Wrongful appropriation of any vehicle, aircraft, firearm, or explosive (nonmilitary owned) can lead to a dishonorable discharge, loss of salary, and 2 years confinement.
Stephen Brodsky can Help
Larceny or wrongful appropriation conviction compromises your military career. It also damages your reputation both in and outside of the military. The charge can affect your ability to find work, find housing, or apply for benefits. If you are a military member in the San Diego area facing larceny or wrongful appropriation charges, you need an experienced attorney.
Stephen Brodsky is a combat veteran with 27 years of experience practicing law. He understands the challenges of defending your case and will argue it with dedication and expertise. If you or someone you know in the San Diego area face a difficult case, don’t hesitate to call today!