There are several crimes that are classified as crimes against property: Larceny, Embezzlement, False Pretenses, Forgery & Uttering
Larceny is a property crime that involves the taking and carrying away of the valuable personal property of another with the intent to permanently deprive the person of that property. Larceny differs from robbery in that the property is not under immediate control of the victim.
Embezzlement is a property crime that is defined as the fraudulent conversion of the property of another by a person who has lawful possession of the property. If an employee removes money from the cash drawer and converts that money to his or her own personal use, then that person has committed embezzlement. Embezzlement normally involves someone who is in a position of trust and has access to the money or property of another.
False pretenses is also a property. False pretenses is defined as obtaining title to property by knowingly or recklessly making a false representation of a presently existing fact of monetary significance that is intended to and does defraud the victim. False pretenses is very much like the civil claim of fraud.
Forgery is another property crime. The most common instruments involved in forgery are checks. If you have insufficient funds in your banking account and write a bad check on that bank account, it is not forgery. The check is genuine. Forgery is the false making or altering of a legally significant instrument (for instance, a check) with the intent to defraud.
Uttering is related to forgery. Uttering consists of negotiating or attempting to negotiate an instrument that is known to be false. This is very similar to simply passing a bad check. If you write a check on your own account, that, however, is not uttering but simply passing a bad check. The term uttering comes from the fact that words are uttered in presenting that document for negotiation.
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Law Office of Wing & Parisi
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(916) 441-4888
February 5, 2014