A property crime is any offense you commit against another person’s property. It could entail possessing another person’s property without their consent or destroying or defacing another’s property. The goal of these crimes is usually to obtain property, money, or any other benefit at the owner's expense or to cause a property owner some loss. Virginia's laws are very stringent on property crimes, which explains the harsh penalties that perpetrators receive upon conviction.
Property crimes are general terms referring to crimes committed against property. These crimes include theft, vandalism, arson, robbery, shoplifting, embezzlement, or larceny. If you are charged with a property crime in Northern Virginia or Fairfax, it helps to work closely with a competent criminal attorney. Our skilled attorneys at Virginia Criminal Attorney understand how easily prosecutors obtain convictions in cases involving property crimes. We can use our best defense strategies to achieve a favorable outcome in your case.
Property Crimes, Legal Definitions and Penalties
If you commit a property crime, the prosecutor must specify the exact crime you are charged with and prove all its elements beyond a reasonable doubt for a court to deliver a guilty verdict. The type of property crime you will face charges for will depend on the details of your crime. The prosecutor also decides whether to file misdemeanor or felony charges depending on the exact details of your crime and criminal history. Here are common property crimes in Virginia and the possible penalties:
Grand or Petty Larceny
Larceny is a theft crime involving stealing another person’s property or taking it against their will. You can face charges for grand larceny or petty larceny based on the details of your case. The law defines larceny as intentionally taking and carrying away another person’s property without authorization or consent. The prosecutor considers the worth of the stolen property to choose whether to file grand or petty larceny charges against you.
Grand Larceny - § 18.2-95
The law against grand larceny in Virginia is under Section 18.2-95. You will likely face charges under this statute if the following are true:
- You steal another person’s property valued at $5 or more from their possession or immediate presence
- You steal another person’s property valued at $200 or more
- You steal a gun or any other dangerous weapon regardless of its value.
For grand larceny, prosecutors file straight felony charges. A conviction will likely result in a prison sentence of 20 years or less (the judge is at discretion to determine the most suitable sentence according to your case details and criminal history). The judge can give you a jail sentence of 12 months and a court fine of $2500 for a less severe offense.
Petty Larceny - § 18.2-96; § 18.2-104
The prosecutor can file petty larceny charges if you intentionally take and carry away another person’s property valued at $5 from their person or immediate presence. You can also face petty larceny charges for stealing another person’s item worth $200 (provided it is not a gun). This is a Class 1 misdemeanor offense, punishable by a maximum of one year in jail and a court fine of $2500.
However, the judge can enhance your sentence if you have a prior conviction of a larceny offense from any jurisdiction. The additional sentence will range from one to twelve months. If you have two prior larceny-related convictions in your criminal record, you could ace a Class 6 felony charge. In this case, the judge can sentence you to a prison sentence of one to five years.
Concealment - § 18.2-103
This, too, is a larceny offense whereby you conceal items in a stole without the permission or authorization of their owner. You can face charges under this statute if you steal items and then convert them to your own without incurring the full cost, intending to defraud the owner of the establishment or store. Additionally, the worth of the concealed items must be $500 or more.
If the prosecutor proves all elements of this crime, the judge will likely give a guilty verdict and sentence you to prison for twenty years. You could also be required to pay a fine of $2,500. If the judge finds you guilty of a misdemeanor under this statute, they can jail you for one year. This is because they will treat your crime as petty larceny.
When prosecuting concealment cases, the prosecutor can use price tags of stolen property as evidence to demonstrate the actual value of the concealed property. However, a skilled attorney can use the Best Evidence Rule to throw out such evidence. If this leaves the prosecutor without compelling evidence against you, the judge can rule in your favor.
Sometimes, prosecutors rely on opinion evidence to strengthen their case against defendants. An aggressive attorney can have it dismissed since it is not expert testimony, which could weaken the prosecutor’s case.
The prosecutor can consider the original cost of concealed merchandise instead of the property's new value (after use or depreciation). This could put your case in jeopardy. However, your attorney can bring the depreciation matter to the court’s attention for a more favorable outcome. If the worth of the concealed item is lower than the prosecutor claims, the judge can reduce your charges from felony to misdemeanor.
Unauthorized Use of a Motor Vehicle - § 18.2-102
You violate this law when you drive, take, or use another person’s vehicle, aircraft, boat, or animal in an unlawful manner and against the owner’s consent with the intent to deprive the owner of their property temporarily. Suppose someone allows you to use their vehicle or a similar property for a particular time. In that case, you can face charges under this statute if you continue using the property against their authorization and with the intent to deprive them of the property, albeit temporarily.
The prosecutor can charge this offense as a felony or misdemeanor, depending on the facts of the case. Typically, they consider the property's value to determine the actual charge. If the vehicle or property is valued at $500 or more, the offense is a Class 6 felony. However, if the property is valued at less than $500, the offense becomes a misdemeanor.
Example: Rita and Jimmy have been in a dating relationship for months. However, they recently broke up. While dating, Rita used one of Jimmy’s vehicles to run errands. She refuses to return the vehicle after the breakup until she buys a new one, which causes Jimmy to report the matter to the police.
Rita can be charged for using Jimmy’s vehicle without authorization. Depending on the vehicle's current value, she can face misdemeanor or Class 6 felony charges. However, the prosecutor must prove all the elements of this crime, including Rita’s intent to temporarily deprive Jimmy of the vehicle. Rita can still face charges even if she proves her intention to return the vehicle to Jimmy after buying one for herself. What matters is her intention to temporarily deprive the vehicle owner of their property.
Note: You can face charges under this statute if you assist another person to commit this crime.
Suppose you take another person’s vehicle but later abandon it. In that case, the prosecutor cannot file charges under this law because they cannot prove your intention of temporarily depriving the owner of the vehicle. If the owner is possibly losing their vehicle permanently, the prosecutor will file stricter charges, like grand larceny, against you. Remember that grand larceny is a graver offense than unauthorized vehicle use.
Receiving Stolen Goods - § 18.2-108
This law makes it unlawful for anyone to purchase stolen items knowingly. If you know or suspect that a person has obtained some items unlawfully, you will commit a grave offense if you buy those items from them. Charges under this statute mainly apply to business people who buy and resell items. It is crucial to ascertain the source of the items you purchase or intend to buy to avoid buying stolen goods.
First, the prosecutor must prove that the items in your possession were previously stolen. They must also demonstrate that you knew or should have reasonably known that the goods were stolen for the judge to give a guilty verdict. If you do not have this knowledge, a skilled attorney can compel the judge to dismiss your charges.
Receiving stolen goods is a felony, punishable by 20 years in prison. The judge could also require you to pay a fine of $2,500.
Note: You can be found guilty even if the previous offender (who stole the goods from their original owner) has not been convicted. If the prosecutor proves all the elements of the offense beyond a reasonable doubt, you will be convicted regardless of the state of the underlying theft crime.
The Intent to Distribute or Sell Stolen Property - § 18.2-108.01
This statute prohibits stealing another person’s prosperity with the intent to distribute, sell, or give it away. The prosecutor can deduce your intention to distribute or sell stolen goods if you are arrested for possessing more than one similar stolen item. If they can prove all the elements of the case beyond a reasonable doubt, the judge will likely give a guilty verdict.
The intent to distribute or sell stolen goods is a grave felony, punishable by a prison sentence of up to twenty years. The judge can sentence you to a lesser penalty if the circumstances of your case allow. They could also require you to pay a fine and subject you to other penalties, like payment of restitution.
Typically, prosecutors and judges consider the worth of the stolen items to determine the most appropriate charge and penalty for this crime. If you sell, attempt to sell, or are in possession of stolen items with the intent to sell, and the items are valued at $500 or more, the prosecutor will file Class 5 felony charges against you. A conviction for this will be a maximum of ten years in prison.
Additionally, you can face charges for larceny and the intent to distribute or sell stolen goods for the same offense. Your penalties will likely increase if the judge finds you guilty of both crimes.
Embezzlement - § 18.2-111
You commit the crime of embezzlement when you receive through fraud a property that its owner has entrusted to you. The prosecutor must prove these elements for the court to find you guilty under this statute:
- You received property through fraud that a principal, employer, bailor, or anyone else entrusted to you as an employee or officeholder
- You fraudulently kept property that was delivered to the owner through you by a corporation, company, or court
- You fraudulently converted the property to your possession, use, or disposal, or you concealed the property
- You intended to deprive the owner of the said property permanently
Prosecutors and judges consider the worth of the embezzled property to determine the proper charges to file against you and the penalties you deserve for your actions. If the embezzled property was valued at $500, the prosecutor will bring felony charges against you. The crime is a felony if the property value is below $500.
Although embezzlement and larceny are property crimes, they differ in some elements. For example, people who commit larceny take and move other people’s property without authorization from the owner. In embezzlement, the owner consents the perpetrator to access, move, or handle the property. However, embezzlement occurs when you take possession or transfer ownership of a property entrusted to you without the owner’s consent.
Example: When outsiders enter a store and steal an item or money from the register, they are guilty of larceny. However, if an employee steals from the store where they work, they can be charged with embezzlement.
When determining the correct sentence for embezzlement, the judge follows the guidelines of larceny laws. However, your penalties for embezzlement will likely be harsher because your actions demonstrate a breach of trust. You will also likely face other severe consequences after a conviction, including a damaged criminal record that will make it difficult to find employment.
Robbery - § 18.2-58
Robbery occurs when you take another person’s property using violence, force, or intimidation and with the intent to deprive the owner of their property permanently. It is a severe crime of violence that attracts grave penalties upon conviction. Some perpetrators of robbery harm their victims through suffocation, strangulation, or by attacking them with dangerous weapons like knives and guns. Others use intimidation or threats of force, which leaves victims fearing for their safety.
However, the prosecutor must demonstrate all the elements of the crime for the court to find you guilty. Specifically, they must show that you robbed a person of their valuable property through the following:
- Violence by choking, striking, or beating the victim
- Assault by threatening to harm the victim, which puts them in fear for their safety
- Threats of harm, mainly if the perpetrator uses a dangerous weapon to issue threats or harm the victim
Prosecutors in Virginia prosecute robbery as a felony, which is punishable by a minimum of five years to a maximum of life in prison.
What To Do If Facing Property Crime Charges in Virginia
If you are suspected of committing a property crime, or the police find you in the act of committing a property crime, they will arrest and arraign you in court to face specific charges according to the details of your case. The prosecutor files charges in court and presents evidence against you during the trial. However, you can defend yourself through compelling evidence to avoid a conviction and its severe consequences. If the evidence against you is severe, you can negotiate for a favorable resolution whereby the judge reduces your sentence. However, you need a skilled criminal defense attorney's guidance, support, and advice. Thus, hiring an attorney immediately after your arrest will help your situation.
A defense attorney plays a significant role in your case. After an arrest, they will ensure you understand your charges, options, and what to expect. The criminal justice system is complex. It can be challenging to understand by a mere perpetrator, but an experienced defense attorney can help you navigate through it. Your attorney will also explain your civil rights and see that no one violates them throughout the process.
You also need an attorney for legal representation during the trial. Although you can represent yourself, an attorney protects you from self-incrimination, whereby you can say or do something that will worsen your legal situation. Criminal defense attorneys also have strategies and skills that they use to defend their clients against the charges they face. Here are some of the techniques your attorney can use to help your situation and trigger a favorable result in your case:
You Did Not Have the Intent to Deprive the Owner of their Property
Most people who commit property crimes do so with the intent to deprive a property owner of their valuable property. For example, those who steal or embezzle do so to gain fraudulently and to permanently deprive the owner of their property. Those who sell stolen goods make it impossible for the owner to recover them. Although those who violate § 18.2-102 (unauthorized use of a motor vehicle) only intend to temporarily deprive the owner of their vehicle, they still make it difficult for the owner to use or access their property, albeit for a particular period.
However, if your intent does not involve depriving the owner of their property temporarily or permanently, you are not guilty of a property crime. You could have taken another person’s property, thinking you had the right or authorization to use it for that period. A skilled attorney can demonstrate your lack of fraudulent intent to compel the judge to dismiss your charges.
You Had the Owner’s Consent
If you are accused of theft and have the owner’s consent to take or carry away their property, this defense can help you avoid a conviction. Remember that in criminal cases, the prosecutor bears the burden of proof. However, they could have mistaken facts that make you appear as if you took ownership of another person’s property without authorization. Your attorney can bring all the evidence the court needs to dismiss your charges. This could include eyewitness testimony from the person present when you obtained the property owner’s authorization to use or take away their property.
You are Falsely Accused
False accusations are common in all criminal cases, including those involving the commission of property crimes. Some people accuse others of gaining an advantage over them out of jealousy or a desire for revenge. Sadly, you could pay for a crime you did not commit if you lack a good defense team to fight against your charges or negotiate a favorable outcome in your case.
If someone is accusing you falsely, talk to your attorney about it. A skilled attorney will conduct an investigation and involve expert witnesses and eyewitnesses to convince the court that you did not commit the crime. They can also use compelling evidence, such as forensic evidence or your alibi, to demonstrate your innocence. If this works, the judge will dismiss your charges.
Accepting a Plea Bargain
If the prosecutor has a strong case against you, your brilliant attorney can use a plea bargain to negotiate for the best possible outcome in your case. If you enter a plea bargain, you plead guilty to a lesser offense with less severe consequences. The judge can sentence you to a few months in jail or probation.
Find Skilled Criminal Defense Services Near Me
If you face charges for a property crime in Northern Virginia or Fairfax, your sentence can severely impact your life. Since most property crimes are felonies, you will likely face a prison sentence, a hefty fine, and other life-changing consequences after a conviction. However, you can influence your case’s outcome with the assistance of a skilled criminal attorney.
At Virginia Criminal Attorney, we start by familiarizing ourselves with your case, looking for loopholes in the prosecutor’s case, and discussing your defense options. We also use our best legal defenses to fight your charges and obtain a favorable outcome. Call us at 703-718-5533 to understand your rights and options and for quality legal guidance and defense.
