Allan F. Friedman Criminal Lawyer Home
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 DegreeUnder 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 DegreeLarceny 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
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 DegreeEvery 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.
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 OffensesLarceny 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.
- 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.
1. What is Larceny in the Second Degree in Connecticut?
It’s a felony theft charge for unlawfully taking property or services worth more than $10,000, or for specific types of theft defined under the statute.
2. Is Larceny in the Second Degree a felony?
Yes. It’s a Class C felony with severe penalties and a permanent criminal record if convicted.
3. What is the minimum amount for this charge?
Typically, the state must prove the value exceeded $10,000, though some conduct (like embezzlement by a fiduciary) may be charged regardless of amount.
4. Can I go to jail for Larceny in the Second Degree?
Yes. A conviction carries up to 10 years in prison, depending on the facts of the case and prior record.
5. What if I paid the money back?
Repayment may help in negotiations but does not erase the criminal charge.
6. Will a conviction stay on my record forever?
Yes. A felony conviction remains permanently unless you obtain an Absolute Pardon.
7. Can this charge be reduced to a misdemeanor?
Possibly. Skilled defense can sometimes secure a reduction to a lesser charge, especially for first-time offenders or weak evidence.
8. What defenses work in these cases?
Common defenses include lack of intent, insufficient proof of value, mistaken identity, or constitutional violations in evidence collection.
9. What happens at my first court date?
Your case will be formally called, you’ll enter a plea (usually “not guilty”), and future court dates will be set. Having an attorney present is critical.
10. How can a lawyer help me fight this charge?
A lawyer can analyze the evidence, challenge the prosecution’s proof, negotiate favorable outcomes, and fight for dismissal or reduction of charges.
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 ActionIf 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.
