Larceny is a specific intent crime.
Likewise, borrowed property that is not returned before it is reported to the police as stolen, whatever the intention an actor had about returning it, can be considered stolen property by prosecutors eager to charge you with larceny or theft.
Is it still theft if you return the item?
The individual who took the property can still get convicted of a theft-related crime. The next day, the alleged thief comes back to the house to return the property voluntarily, at which time, police arrest the person. Unfortunately, the return of the property will not serve as a defense against the theft charges.
Is it legal to steal back your own property?
Can you legally steal your own property? This “claim of right” defense provides that you can’t be found to have the intent necessary to steal if you have a good faith belief that the property you take belongs to you, even if that belief is mistaken. Simply put, without intent there can be no crime.
Can you steal something yours?
4 Answers. As the previous reply says, you can’t steal something if it was yours already. That’s by definition – stealing can only be of something that isn’t your possession. So if your phone is legitimately taken by a police officer, you can’t “steal” it but you may still not have the right to take it.
Can theft charges be dropped?
If the defendant does get arrested again, the prosecutor can re-file the original charges. In very rare circumstances, if a victim requests that charges be dismissed, a prosecutor may agree to do so. Normally, the victim of a crime does not have the power to control whether a criminal case moves forward.