Carrying away, also referred to as asportation, refers to the action of taking something away or relocating it from its initial position. This plays a significant role in the offence of larceny, which involves the theft of someone else’s property. Even a slight displacement of the stolen item qualifies as asportation. For instance, if an individual takes a toy from a store and transfers it from the shelf to their pocket, it is deemed as asportation.
Asportation is the act of carrying away or removing property or a person. It is a crucial component of larceny. For instance, if someone steals a purse from a table and walks away with it, they have committed asportation. Essentially, asportation involves taking someone else’s property or person without their consent. In the given example, the thief has taken the purse and walked away, thereby fulfiling the requirement of carrying away or asportation. Other related terms include larceny, kidnapping, and robbery.
Carrying away, also known as larceny or theft, refers to the act of taking someone else’s property without their consent and with the intention of permanently depriving them of it.
To establish carrying away, the prosecution must prove that the defendant took someone else’s property without permission, moved it from its original location, and intended to keep it permanently.
The severity of carrying away charges can vary depending on the value of the stolen property and the jurisdiction. In many cases, carrying away is considered a felony offense.
The penalties for carrying away can vary depending on the jurisdiction and the value of the stolen property. In general, it can result in imprisonment, fines, probation, restitution, and a permanent criminal record.
Returning the stolen property may be considered a mitigating factor during sentencing, but it does not automatically result in the charges being dropped. The decision ultimately lies with the prosecutor and the court.
Expungement eligibility varies by jurisdiction, but in some cases, carrying away charges can be expunged from a person’s criminal record after a certain period of time, provided they meet specific criteria.
Yes, carrying away charges can be defended against. Common defences include lack of intent, mistaken ownership, consent, and lack of evidence. It is crucial to consult with an attorney to determine the best defence strategy.
Yes, if force or threat is used during the act of carrying away, the charges can be upgraded to robbery. Robbery involves the use of force or threat to take someone else’s property.
If the property was borrowed without permission but with the intention to return it, it may not meet the elements required for carrying away charges. However, it could potentially lead to other legal consequences, such as trespassing or unauthorized use.
If the property was mistakenly taken without the intent to permanently deprive the owner, it may not meet the elements required for carrying away charges. However, it is essential to return the property promptly and inform the owner to avoid any potential legal issues.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/carrying-away/
- Modern Language Association (MLA):Carrying Away. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/carrying-away/.
- Chicago Manual of Style (CMS):Carrying Away. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/carrying-away/ (accessed: May 09 2024).
- American Psychological Association (APA):Carrying Away. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/carrying-away/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts