Legal Question in Criminal Law in California

If someone took a $100 bill from someone else and intended to keep it permanently, but later on decided to return it. Yet, before he could do it, he was stopped by a police and turned out that the $100 bill was counterfeit money. Is that person still guilty of larceny?


Asked on 10/30/11, 6:41 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

At the time of taking the money, the person intended to commit a crime so is guilty of that crime. That he changed his mind later does not matter. If you shoot someone trying to kill them but miss, and then you regret doing so, you are still guilty of attempted murder. Also, how would the police know you have now changed your mind. That you were mistaken as to what your were stealing does not change the crime.

Read more
Answered on 11/03/11, 2:27 pm
Anthony Roach Law Office of Anthony A. Roach

I don't think Mr. Shers adequately addressed the whole issue. Right now the issue is whether you can be charged with larceny for stealing a counterfeit $100 bill. Under Penal Code section 492, if the larceny was of any written instrument the value is the value of the thing stolen. In this situation, you have a good argument that the thing stolen was not a $100 bill, but rather a piece of paper that is illegal for anyone to possess in the first place.

Read more
Answered on 11/04/11, 3:12 pm


Related Questions & Answers

More Criminal Law questions and answers in California