Larceny vs. theft comes up constantly, and the short answer is that larceny is one way of committing theft. Larceny is the old common-law crime of physically taking and carrying off someone else’s property. Theft is the modern umbrella that covers larceny plus the ways of stealing that do not involve a physical taking: embezzlement, false pretenses, and theft by trick. Some states still use the word larceny in their statutes. California does not. Penal Code 490a says that every reference to larceny in California law is read as theft. So if you are facing a charge in Kern County, the word on your paperwork will be theft, and the difference that matters is not larceny versus theft but which of the four kinds of theft the DA is alleging.
Where the two words come from
Larceny is the older term. Under English common law, larceny meant the trespassory taking and carrying away of another person’s personal property with intent to steal it. It required a physical taking. That created gaps. A clerk who was handed money and kept it had not “taken” it, so courts invented embezzlement. A con man who talked a victim into handing over property had not taken it either, so legislatures created false pretenses. For a long time these were three separate crimes with three sets of rules, and prosecutors lost cases by charging the wrong one.
Modern theft statutes fix that by folding all of them into one word. California did it in 1927. Penal Code 484 defines theft to include every one of those methods, and Penal Code 490a retired the word larceny from the rest of the code. New York, Virginia, North Carolina and a few other states kept the old vocabulary, which is why you still see “grand larceny” in the news.
The four ways to commit theft in California
Penal Code 484(a) is one long sentence, but it describes four distinct acts. Which one the prosecutor picks changes what has to be proved and which defenses fit.
| Kind of theft | What it means | Example |
|---|---|---|
| Theft by larceny | Taking and carrying away property without the owner’s consent, intending to keep it | Lifting a power tool from an open truck bed at a job site in Lamont |
| Theft by embezzlement | Fraudulently keeping property that was entrusted to you | A bookkeeper who writes company checks to herself |
| Theft by false pretense | Getting property by a lie the owner relies on, intending to defraud | Selling a car with a rolled-back odometer |
| Theft by trick | Getting possession, but not ownership, by deceit | Borrowing a neighbor’s trailer for the weekend and selling it |
The shared thread is intent. Each one requires that you meant to deprive the owner of the property, either permanently or for long enough to take away most of its value. Honest mistake, a good-faith claim of right, or a genuine loan with intent to return are defenses to all four.
Two things the statute also settles. Value is measured by reasonable fair market value at the time of the theft, not retail price or sentimental value. And a false pretense is treated as continuing, so every payment or item obtained because of it can be charged together.
What larceny vs. theft means across state lines
If you moved to Bakersfield from a state that still uses the old words, here is the translation:
| Term elsewhere | California equivalent |
|---|---|
| Petit or petty larceny | Petty theft, Penal Code 490.2 |
| Grand larceny | Grand theft, Penal Code 487 |
| Larceny by trick | Theft by trick, Penal Code 484 |
| Larceny from the person | Grand theft from the person, Penal Code 487(c) |
| Embezzlement (separate crime) | Theft by embezzlement, Penal Code 484 and 503 |
The penalties ride on the California name, not the imported one. Petty theft, which is property worth $950 or less, is a misdemeanor. Grand theft, which is property worth more than $950 or any car, gun, or item taken from a person, is a wobbler that the DA can file as a misdemeanor or a felony. The rules for grand theft under Penal Code 487 carry the detail, and the question people usually mean when they ask about larceny, whether it is a felony in California, has its own short answer.
Things that are called theft but are not
A few crimes get lumped in with theft in everyday speech and are charged under different statutes with different penalties.
- Robbery is taking property from a person by force or fear. It is always a felony under Penal Code 211 and a strike. Larceny with a push becomes robbery.
- Burglary is entering a building, room or locked car already intending to steal. The crime is complete at entry, whether or not anything was taken, and the degrees and penalties sit under Penal Code 459, not 484.
- Receiving stolen property is buying, hiding or keeping property you know was stolen. Penal Code 496, and you cannot be convicted of both stealing an item and receiving it.
- Shoplifting is entering an open store intending to steal $950 or less. Since 2014 it is its own crime under Penal Code 459.5 and cannot be charged as burglary.
- Identity theft and copyright piracy are charged under their own statutes. Downloading a movie is not theft under Penal Code 484, whatever the warning at the start of the DVD says.
Why the label matters in a Kern County case
Because Penal Code 484 names four methods, the DA has to pick one, and the elements differ. A false pretense case needs proof the victim relied on the lie. An embezzlement case needs proof you were entrusted with the property, and under Penal Code 513 returning it before charges are filed is a reason for a lighter sentence. A larceny case needs proof you carried the item away. A defense that beats the method charged can beat the case, which is why the first thing a theft crime attorney in Bakersfield reads in a new file is which clause of 484 the complaint is built on.
Quick answers
Is larceny the same as theft?
Larceny is one type of theft: the physical taking and carrying away of property. Theft also includes embezzlement, false pretenses and theft by trick. In California the law uses the word theft for all of them.
Is larceny a felony or a misdemeanor?
In California it depends on value and record, not on the word. Theft of $950 or less is a misdemeanor; more than $950, or a car, gun, or item taken from a person, can be a felony.
What is the difference between larceny and robbery?
Force. Larceny is taking property quietly. Robbery is taking it from a person by force or fear, and it is always a felony.
Does California have a larceny statute?
No. Penal Code 490a converts every reference to larceny into theft, and Penal Code 484 defines theft.
Talk to a Bakersfield theft defense attorney
The word on the charging document decides the elements, the defenses and the exposure. If you have been accused of any kind of theft in Kern County, contact the Law Office of David L. Faulkner for a free consultation and a plain read of which kind of theft the DA is actually alleging.
