Connecticut General Statutes § 53a-123 – Larceny in the Second Degree

Being charged with Larceny in the Second Degree under C.G.S. § 53a-123 is a serious matter in Connecticut. This charge involves the alleged theft of property or services valued at more than $10,000 or specific types of theft defined by statute. It’s a Class C felony, carrying the potential for significant prison time, heavy fines, and a permanent criminal record.

At Allan F. Friedman Criminal Lawyer, we have over 30 years of experience defending clients accused of serious financial crimes. We know how to analyze complex evidence, challenge the prosecution’s case, and fight for your freedom.

Definition of Larceny in the Second Degree

Under C.G.S. § 53a-123, a person commits Larceny in the Second Degree when they unlawfully take property or services valued at more than $10,000, or commit specific types of theft regardless of value. Examples include:

• Embezzlement – Diverting funds from an employer or organization.
• False Pretenses – Obtaining money or property by making false statements or promises.
• Fraudulent Transactions – Misusing bank accounts, checks, or electronic transfers as part of a scheme.

Prosecutors often use this charge in business theft cases, online schemes, and organized fraud operations.

Penalties for Larceny in the Second Degree

Larceny in the Second Degree is a Class C felony in Connecticut. A conviction can result in:

• Up to 10 years in state prison
• Fines of up to $10,000
• Restitution to the alleged victim, which can be substantial in high-dollar cases

Collateral Consequences of a Conviction:

• Permanent felony record
• Loss of employment opportunities
• Disqualification from professional licenses
• Potential immigration consequences for non-citizens
• Severe damage to reputation and personal relationships

How These Cases Are Prosecuted

The state often relies on:

• Financial records
• Witness testimony
• Digital evidence (emails, bank logs, transaction data)

In many instances, prosecutors charge related offenses like Identity Theft, Credit Card Fraud, or Computer Crime to increase leverage in plea negotiations.

Defenses to Larceny in the Second Degree

Every case is unique, but common defenses include:

• Lack of Intent: The state must prove you intended to permanently deprive the owner of their property. Honest mistakes, accounting errors, or misunderstandings can defeat this element.
• Claim of Right: You believed you had a legal right to the property.
• Mistaken Identity: Someone else committed the theft, and you were wrongly accused.
• Insufficient Evidence: The prosecution cannot prove the amount stolen exceeded $10,000 or lacks the documentation to support their claims.
• Unlawful Search and Seizure: Suppressing evidence obtained without proper warrants can significantly weaken the state’s case.

First-Time Offenders

For eligible defendants, Connecticut’s Accelerated Rehabilitation (AR) Program may provide a way to avoid a conviction entirely. Successful completion of AR results in dismissal of all charges and erasure of the record, protecting your future.

Related Offenses

Larceny in the Second Degree is frequently charged alongside or in connection with other financial crimes, including:

• Larceny in the First Degree (C.G.S. § 53a-122) – Theft exceeding $20,000.
• Credit Card Fraud (C.G.S. § 53a-128d) – Unauthorized use or possession of credit/debit cards.)
• Identity Theft (C.G.S. § 53a-129)
• Computer Crime (C.G.S. § 53a-251) Understanding these related offenses is critical for a comprehensive defense strategy.

Examples of Larceny in the Second Degree

• An employee accused of transferring company funds to a personal account over several months.
• A person charged with running a fraudulent investment scheme that collected more than $10,000.
• An individual unknowingly acting as a middleman in a large online fraud, moving funds without realizing they were part of a criminal operation.

Frequently Asked Questions About Larceny in the Second DegreeWhy You Need a Skilled Defense Attorney

Larceny in the Second Degree cases are often complex and document-heavy, requiring a lawyer who can:

• Analyze financial and electronic evidence
• Identify weaknesses in the prosecution’s case
• Negotiate effectively with prosecutors
• Present a compelling defense at trial, if necessary

With over 30 years of experience in Connecticut criminal defense, we know how to protect your rights and fight for the best possible outcome.

Call to Action

If you are facing charges for Larceny in the Second Degree under C.G.S. § 53a-123, do not take chances with your future. A conviction can follow you for life.

Call Allan F. Friedman Criminal Lawyer today at (203) 357-5555 for a free, confidential consultation and learn how we can help you fight back or contact him here.

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