Legal Definition of Grand Larceny in Virginia. Some of the defenses available are found in the basic definition of petit larceny. Insufficient evidence that the accused is the one who took the property. It involves violence or stealing someone's personal property directly from them. 2-95) is the taking of an item valued at $1, 000 or more with the intent to permanently deprive the owner of his property OR the taking of an item from a person directly whose value is more than $5. You are better positioned to win the plea bargain if you have ever served in the military. The police often charge a bystander for acting as a lookout or creating a diversion to distract security while a friend is shoplifting. In some cases, an agreement to defer prosecution and ultimately dismiss the charge may be possible, as well as other plea agreements that can help minimize the impact of a conviction and mitigate any applicable penalties. Committing robbery by strangling, suffocating, beating, striking, or using any form of violence against a person is an offense under Virginia Code 18. You deserve to have your rights protected so that your charges can be dropped or your penalties can be reduced. For this reason, having an attorney who practices frequently in a particular court is very important.
In addition to the criminal penalties such as fines and jail time, a separate law allows a store to collect a civil judgement against a person who is convicted of shoplifting. If you have a strong belief that the owner of the alleged stolen item had permitted you to take their items, your attorney can argue that there was consent. In such cases, the judge essentially continues the trial date. Simply because it's your first offense, you don't get special treatment from Virginia law. Start a live chat to schedule a free consultation today to learn more about how we can assist you. In short, a shoplifting conviction can have multiple negative effects on your life and future. According to Virginia law if you've stolen multiple of the same items and it is considered grand larceny then they can use that as evidence to prove that you intended to sell the stolen items.
The punishments could include a prison sentence of 1 to 20 years. In cases of receiving stolen property, the prosecutor must be able to prove that you knew that the items in question were stolen. If the items are worth more than $1, 000, the shoplifting will be charged as Grand Larceny. Were you charged with auto theft or another auto-related crime in Virginia? These charges not only carry hefty fines and imprisonment but also they can remain on your criminal record forever. Only in a tiny fraction cases would a judge sentence a person to a period of several months or more in jail, but short jail sentences are quite common, even for minor or first offense cases. Second or Subsequent Offense Misdemeanor Larceny.
In most cases this will not cause an issue in the future, however, your attorney will be able to give you advise on whether another resolution is better for you. Likewise, you should decline to speak to them if they reach out to you. 2-98; theft of bank note, checks, or books of accounts. Once violence or violent threats are involved, the crime turns from theft to robbery, and the penalties become much more severe. Virginia First Offense of Grand Larceny. Obviously that threshold is extremely low given this day and age, so you're going to see a lot of grand larceny charges that in reality are more appropriately resolved as a misdemeanors. Took an Item: For purposes of a Grand Larceny in Virginia, the Commonwealth must prove that the offender actually took the item. You may receive up to one year in prison instead, at the discretion of the judge or jury. The distinction turns on the value of the property stolen and whether you took it from the person or not. Obtaining money under false pretenses is a type of larceny in Virginia and can be charged as either a misdemeanor or felony, depending on the value of the money or property.
If you are convicted of the crime, a dedicated NoVa theft attorney will work hard to mitigate any damage or fallout stemming from that conviction. Grand larceny in the second degree includes instances where property valued at $50, 000 or more is taken from one's home. If the items you took lay beside the road or alongside trash, you may have taken them with the belief that they belonged to nobody. Certain types of animals and poultry are held dearly by different people and often take them as part of their families. The theft of an auto can be charged as a misdemeanor or felony in Virginia. The Virginia theft laws are split into several different categories, and the specifics of the crime you are charged with will depend on your singular case. Petit larceny is a class one (1) misdemeanor whose punishment include a jail term not exceeding twelve (12) months, a fine not exceeding two thousand five hundred (2, 500) dollars, or both the fines and jail term. While the legal system tries to make punishment more or less consistent throughout the Commonwealth, there are still variations between jurisdictions. The difference between the two Virginia larceny charges depends on the value of the items taken. At least $500 in goods or items. Pam receives a telephone call from an individual who says he is from the electrical company and can help her set up online payments. Admittedly, these defenses are broad, and they may or may not apply to your case. Restitution (money paid to a victim to replace a monetary loss) is usually required as part of the penalty.
1, this offense is committed if an individual intentionally takes control of a vehicle from another's possession or control through the use of or threat of violence. What Are Other Larceny Categories in Virginia? You certainly don't want to go it alone and go to court without representation because you could have defenses that could be raised to beat the case at trial or to negotiate a favorable plea agreement. Any false pretenses you used did not help you obtain the money or property. When someone commits simple larceny, whether such person would be charged with petty larceny or grand larceny depends on the property involved, its worth, and how it is taken. Robbery is punishable by at least five years in prison. If they wish to keep the property for themselves, they can be charged with petty or grand larceny. Many factors contribute to whether theft is charged as "petty" or "grand. " Are "Plea" Deals With the Courts Common in Theft Crimes in Virginia? If you had permission to take the property, or you believed that you did, you can explain this situation in court. People sometimes refer to "grand theft auto. " Receiving Stolen Property: Felony ($200 and above) or Misdemeanor (less than $200). 2-97; larceny of individual animals and poultry. Leaving out details could negatively impact your chances in court.
Regardless of whether your shoplifting charge is prosecuted as a felony or misdemeanor, the penalties that accompany a conviction can have a significant impact on your personal and professional life. You can prove that it was abandoned property, or. Mistake 5: Not Understanding Your Charges. One of the significant benefits of these programs is an opportunity to keep your record clean. When you are facing any type of larceny charge in Virginia, including obtaining money under false pretenses, the experienced Roanoke theft lawyers of Copenhaver, Ellett & Derrico can help.
2-104 and could face five years in prison. If you are accused of robbery, this can result in much more serious charges than simply being accused of larceny or shoplifting. In addition to specific legal defenses, some courts have created so-called "first offender programs" that allow a person with a clean record to enter into a program to do community service and take classes. Hire a Lawyer For Your Mob Crime Charge in Virginia. A criminal record, even for a seemingly minor offense, can have a significant impact on one's reputation and employment options. You had the owner's consent to take it, or.
The judge may opt to reduce the penalties to a jail term of twelve months. Being charged with theft may not seem like a serious matter, at first, but it can carry severe consequences for you and your reputation. We want you to get the results you deserve while protecting your rights.