If you are charged with any kind of Virginia theft crime, the punishments can be severe. Any theft crime is considered one of dishonesty and can remain on your permanent record, making it difficult to seek employment, obtain housing, or even advance your education. At McClain Rosenthall Davis, PLLC, our attorneys understand the different Virginia theft crimes and can help ensure that your legal rights remain protected. Contact our experienced criminal defense attorneys at 703-934-0101 to set up a free consultation and learn more about your legal options.
One of the most serious Virginia theft crimes is that of grand theft larceny. The recently amended law Virginia Code § 18.2-95 defines grand theft larceny as any theft of property with a value greater than $1,000. (Previously, the law allowed grand theft larceny charges for theft of property with a value over only $200.) However, there are circumstances in which a person may be charged with grand theft larceny if they take an item directly from a person (such as pickpocketing.)
Grand theft larceny is a felony in the state of Virginia, and if convicted, a person faces a mandatory minimum of one year in prison and up to 20 years. Additionally, the court could fine the defendant charged with grand theft larceny up to $2,500.
Also, under Virginia Code § 18.2-23(b), any person that plans to commit grand larceny or helps conspire to commit grand theft larceny in Virginia can be charged with conspiring to commit grand theft larceny, which is also a felony and carries with it the similar penalties as if the defendant committed grand theft larceny.
If any person steals a gun in the state of Virginia, they may be charged with grand theft larceny. Additionally, the failure to report a missing gun could also lead to charges against the gun owner if the weapon is used at a later time in the commission of a crime.
If a person steals anything in the state of Virginia with the intent to sell that item, the penalties are a prison sentence of 2 years to 20 years.
Any conviction of a Virginia theft crime can result in the inability to advance your education, rent an apartment, or develop a strong career. Theft is a crime of dishonesty, and as such, it can create a negative impression on your permanent record that can follow you personally as well as professionally. Defending a Virginia theft crime charge is critical to ensuring you not only receive justice but also protect your future.
One of the strongest defenses to Virginia theft crime charges includes arguing against the prosecution’s claim that the defendant intended to steal the items in question. An experienced criminal defense attorney will conduct an independent investigation to develop arguments using evidence that indicates that the defendant had no actual intention of permanently depriving the alleged victim of their property. In other cases, a defense attorney can attempt to argue that the defendant honestly believed that the property in question was theirs, or that they believe the owner of the property intended to give the property to them.
Another defense to Virginia theft crime charges is that of value. A defendant can argue that the property in question was not valuable enough to warrant a larceny charge in Virginia. Depending on the actual item taken, using the defense of the value of the property can allow a defendant to receive a reduced sentence or a dismissed charge.
Robbery is a form of larceny that involves the threat of violence or actual violence. Weapons are not required for the charge of robbery, instead, any kind of threat of physical force or intimidation could lead to a robbery charge if those threats are in conjunction with stealing property.
Under Virginia Code §18.2-58, the penalties for robbery can include 5 years to life in prison. Additionally, if a defendant has three robbery convictions in the state of Virginia, it can lead to a sentence of mandatory life in prison.
An experienced criminal defense attorney can help a defendant argue that there truly was no violence or intimidation used during the course of the larceny. A prosecutor has the legal responsibility to prove beyond a responsible doubt that the defendant actually used violence or intimidation in the course of the theft. Consider visiting with our attorneys at the Law Office of Faraji A. Rosenthall to learn more about your legal rights and your defense options if you were charged with robbery in the state of Virginia.
In the state of Virginia, burglary is defined as entering a building or residence without the owner’s permission in order to commit a crime inside of that property. Breaking and entering is part of the crime of burglary.
If a person enters a building or residence without the owner’s permission with the intent to commit a robbery (theft), murder, rape, arson, or other crime, they may receive a Class 3 felony charge, which is punishable by a minimum of 5 and up to 20 years in prison along with a fine of up to $100,000. If the person commits burglary and intends to commit a crime other than those listed above, the penalty may be less than 12 months in jail or up to 20 years in prison, depending on the facts and circumstances of the case. If a defendant is carrying a weapon at the time of the burglary, the charge may be increased to a Class 2 felony.
The possible punishments of burglary become more and more severe depending on the intent of the defendant once inside a building or residence without an owner’s permission. Defenses to a burglary in Virginia include the absence of actual evidence regarding breaking and entering or failure to prove the intent of the defendant once they were inside of the building or residence.
Any type of conviction related to a theft crime in the state of Virginia can lead to serious, life-long consequences. If you have not already consulted with an experienced defense attorney, consider retaining a lawyer to represent you in your theft case. At the McClain Rosenthall Davis, PLLC, our experienced lawyers have represented many clients charged with theft crimes, and we fight to protect their legal rights. With years of experience in criminal law, our attorneys know which defenses to raise and what pitfalls to be aware of. Call us at (703) 356-2442 | (703) 934-0101 to set up a free consultation and ensure your legal rights remain protected.