If my minor son took a cell phone that was left on a table while he was at work and he was caught but paid the upfront cost of the phone, can he still be prosecuted?

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If my minor son took a cell phone that was left on a table while he was at work and he was caught but paid the upfront cost of the phone, can he still be prosecuted?

He is 17.

Asked on January 5, 2014 under Criminal Law, Florida

Answers:

Stan Helinski / McKinley Law Group

Answered 7 years ago | Contributor

Unfortunately yes, but being charged and being convicted are two different things.  If there are some facts to suggest that the phone was abandoned--it presents a possible defense.  

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your son could be charged with larceny.  Larceny, a type of theft, is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.

The act of taking the phone and carrying it away with the intent to permanently deprive its rightful owner of personal property constitutes larceny. 


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