Virginia Code defines larceny as any unlawful activity that involves taking another party’s property to temporarily or permanently deny the owner its benefits. Several forms of theft exist, including but not limited to larceny, grand theft, burglary, and petit larceny, which carry severe penalties.

 At Virginia Criminal Attorney, we have successfully defended many defendants against theft crimes in the past, making us suitable to defend your case in Fairfax and Northern Virginia. The following are the various theft crimes we defend against.

Grand Larceny, § 18.2-95

Grand larceny refers to directly taking a property or service valued at $5 or more from an individual without approval or explicit consent. “From an individual” means directly taking from someone's immediate presence. § 18.2-95 also defines grand larceny as the indirect stealing of property or service valued at $1,000 or more. Stealing a firearm amounts to a violation of this section, regardless of the weapon’s value. The crime of shoplifting could also be charged under this section if the value of the shoplifted items exceeds $1,000.

Also, stealing for sale amounts to grand larceny, regardless of the item's value. The DA only demonstrates the theft items appeared elsewhere or were repackaged for distribution.

You do not have to involve yourself in the theft to face these charges directly. Any involvement in the commission of the offense warrants charges, including aiding in the storage or transportation of the stolen goods. Being on the lookout during a grand larceny also attracts charges.

However, the central aspect of the case you must demonstrate is that the value of the theft property of service was above $5 or $100, contingent on whether the items were taken directly or indirectly. Additionally, the prosecutor should show someone else exercised ownership of the property, that you lacked consent or approval to take it, and that you planned to temporarily or permanently deprive the rightful owner, causing them significant losses in benefits or value.

Grand Larceny Legal Penalties

Your punishment for a grand larceny conviction depends on your criminal past and the case’s facts. It is a Class U felony that attracts no more than 240 months of prison confinement, although the court has the discretion to impose a maximum sentence of twelve months. Additionally, the court can impose monetary court fines of $2,500. The court can reduce these penalties to twelve months of jail confinement under these circumstances:

  • When you are tried before adjudicators
  • If you have a clean criminal record
  • The stolen item or service’s value is slightly over $500

Besides, the court can order victim restitution to reimburse them for the financial loss or property damage from your conduct. Nevertheless, reimbursement will not be in the equation if you return the property unharmed.

A second larceny sentence, whether for a misdemeanor or felony offense, will attract mandatory jail incarceration for thirty days and, at most, twelve months in penalty enhancement.

With the help of an attorney, you can negotiate a favorable plea deal that does not involve legal penalties for grand larceny. Again, your attorney can negotiate a charge reduction for lenient penalties.

A conviction for this offense permanently remains on your record, and you cannot expunge it. Therefore, a sentence will have lifelong collateral ramifications, so you should contest the charges aggressively.

Grand Larceny Legal Defenses

The common defense strategies your criminal defense attorney will use to defeat the charges include:

  • You were forced to commit the crime, or you did it unknowingly
  • You had explicit consent from the owner, and there is communication evidence or a written contract to prove it.
  • You are mistakenly accused because of your physical resemblance to the actual perpetrator
  • You reasonably believed the item in question was abandoned
  • You reasonably believed the item you took belonged to you because it resembles yours
  • You were mentally incapacitated during the crime

Depending on your case's circumstances, your attorney will apply these and other defense strategies to secure a charge reduction or dismissal.

Petit Larceny, § 18.2-96

Petit larceny is the unlawful taking of another party’s property from their direct or immediate possession when valued at most $5 or indirectly taking goods worth no more than $1,000 from a person with the intent to temporarily or permanently dispossess them of the property’s benefits or use. Direct possession means you took the item when it was on their hands or body, including in the wallet or handbag. Besides, you violate this Virginia Code when you. Indirect taking means the item was not in the owner's immediate possession. For example, when a person steals a wallet left on someone’s office desk, the theft involves indirectly taking an item.

Shoplifting involving items worth less than $1,000 also amounts to petty larceny because it entails indirect and unlawful property-taking. Besides, you will attract § 18.2-96 charges for receiving or handling stolen property worth at most $1,000.

Petit Larceny Elements

The DA holds the burden of proof in these cases and should demonstrate beyond moral certainty that:

  • You wrongfully or unlawfully took property
  • The property was valued at no more than $5 if you took it directly from the victim
  • The item was worth at most $1,000 if you indirectly took it from the victim
  • You lacked approval from the owner
  • You wanted to deny the owner of the item’s use or gains temporarily or permanently

You can protect yourself from these accusations by understanding the state’s personality identification. Many item owners place identification marks or serial numbers on their items. Altering or erasing these personal identification marks is unlawful if you do it without approval and with the intent to dispossess the owner.

Besides, possessing a stolen item without approval from the owner is unlawful. Also, if the item's identification marks or serial number have been erased or modified, you are contravening the VA Code.

When you possess an item that does not belong to you, write to the Bureau of Criminal Investigations requesting to be assigned the property. That way, you legalize possession. The item becomes legally yours if the bureau assigns you a personal identification number. However, the application to the criminal investigative agency will not work if you only made it after issuing an arrest warrant.

You violate petty larceny under § 18.2-97 when you remove a signal device that monitors animal movement or helps locate them. If any animal dies or goes missing because you removed the device, you will reimburse the owner an amount equal to the animal’s value.

Petty Larceny Penalties

The nature of your case and your criminal record determine the penalties you will face. Petit larceny is a Class 1 misdemeanor that, upon conviction, attracts at most twelve months of incarceration and monetary fines of no more than $2,500.

You will face more stringent penalties contingent on your criminal record. Typically, the court will impose only monetary court fines after a guilty verdict. However, for a second violation, you will serve a mandatory sentence of no more than a week on top of the court fines. A third or subsequent petty larceny offense is a Class 6 felony whose guilty verdict attracts twelve to sixty months of confinement, a one-year jail term depending on the judge’s discretion, a monetary court fine of no more than $2,500, or both. You will serve at most 120 months of prison confinement if you have multiple prior offenses. You can deduce from this information that prior convictions for petty larceny significantly enhance or increase subsequent sentences.

Larceny of poultry or animal is a Class 5 felony, although the value of the animal or poultry in question must not be less than $5. The larceny is a class VI felony if the birds or animals are valued at $500.

Defenses for Petit Larceny

Your attorney can mount several defenses to prevent the consequences of the petty larceny conviction. These are:

  • You did not take the alleged item
  • You did not intend to steal the property
  • You had consent from the owner to take the item or reasonably believed you had the approval
  • You took the property in good faith, believing you were the owner, which later turned out to be a misunderstanding leading to the accusations.

These penalties can adversely affect your life even after you have served your sentence. Therefore, it is wise to fight the charges aggressively to prevent a guilty verdict.

Burglary, § 18.2-89

Virginia burglary refers to entry into another party’s home or dwelling at night to engage in theft or felony once inside. The primary burglary section has multiple subsections based on the following:

  • Whether the wrongful entry occurred by breaking
  • The time when the crime happened
  • The type of dwelling, structure, or building you accessed
  • Your intentions after gaining entry

Prosecutors file burglary as a felony, and a guilty verdict attracts severe consequences. However, certain aggravating circumstances, like the property owner obtaining injuries or possessing a dangerous weapon during the offense, can lead to penalty enhancement.

Burglary Elements

Having an attorney early in the case means you can resolve it at the pretrial phase. Nevertheless, when you fail to settle the case in the early stages, it will proceed to the trial, where you can put up an intense fight to prevent a conviction or for charge reduction.

The DA has the burden of proof in the trial and should demonstrate that you accessed another party’s dwelling by breaking. Breaking means you used force unlawfully or without consent to access another individual’s building. Even using a key to unlock a door or punishing open an unlocked door without consent amounts to breaking. You must know that breaking is classified as actual or constructive. Actual is where you use force or keys, while constructive breaking entails fraud or threats.

Entering means unlawful intrusion on someone’s property to commit a felony or theft while inside. Entering a property, even with permission but with criminal intentions, is guilty of burglary. Whether or not you accomplished your intentions after entering the property is irrelevant to the case. The focus is on your intentions when entering. Proving intent as the prosecutor depends on circumstantial proof, such as possessing a bag.

Another element the DA should prove is that the events happened at night. For this section, night means any hour between sunrise and sunset. The prosecutor lodges statutory burglary charges when the offense occurs in the daytime.

Burglary Penalties

The punishment for burglary hinges on whether the charge is filed under the statutory burglary statutes or common law.

Burglary under § 18.2-89 is a class 3 felony with no more than twenty years of prison confinement and monetary court fines of at most $100,000.

In contrast, statutory burglary laws were established to criminalize breaking in places not prescribed under § 18.2-89.

VA Code §18.2-90 prescribes statutory rape. Under the section, it is unlawful to enter someone’s house at night or break into a dwelling during the day without hiding and with intent to commit robbery, arson, murder, or rape while inside.

Statutory burglary in this section is a class three felony whose guilty verdict attracts at most twenty years of prison confinement and financial court fines of no more than $100,000.

If there is proof you were armed during the entry, the offense becomes a class two felony with court fines of at most $100,000 and up to life imprisonment.

18.2-91 defines burglary with intent to engage in battery, larceny, or felony after accessing a dwelling. The crime is a felony that attracts at most twenty years of confinement. The court can impose misdemeanor penalties instead of felony ones after a guilty verdict. The misdemeanor penalties include:

  • At most, $2,500 in monetary court fines
  • At most, twelve months of jail confinement

Nevertheless, when there is evidence that points out you possessed a lethal weapon when you entered the property, you risk class two felony penalties, including:

  • Twenty years to life incarceration
  • At most $100,000 in court fines

Armed burglary in a bank is also a Class 2 felony and attracts the same penalties.

Burglary to commit a misdemeanor offense like trespass, battery, or assault is a class VI felony punishable by at most 60 months of prison confinement. However, the judge can impose a minimum sentence of twelve months of jail confinement and at most $2,500 in court fines. If a dangerous weapon is involved in the commission of the crime, the offense becomes a class two felony that attracts severe penalties.

With these penalties in mind, you want to find an experienced theft crimes attorney immediately after you are arrested or learn of an impending arrest warrant. The legal representative will help you secure a charge reduction or dismissal.

Plea Bargaining in a Burglary Case

Even the prosecutor does not want the case to go to trial because it is time-consuming and expensive. Therefore, if you have a strong case, you can negotiate a favorable deal but with the guidance of an experienced attorney. Attorneys can differentiate between favorable and unfavorable deals, so you should allow them to take the lead.

When entering a plea deal, you must first plead “guilty or no contest” to the burglary charges in exchange for reduced charges like trespass or lenient penalties.

Prosecutors want a win, however small it is. Also, they know every defendant fears the penalties of a burglary conviction. Therefore, if you have a solid case, you can negotiate a fair deal that does not involve lengthy confinement. Have your attorney evaluate the deal the prosecutor offers to determine if it is favorable. If the agreement is unfavorable, you should proceed with the case to trial.

Fighting Burglary Charges

Just because your case has gone to trial does not mean you are guilty. The trial's outcome depends on the solidity of your legal defenses and your attorney's experience in trial. The defenses that can secure you a favorable verdict in the case are:

  • You never planned to commit a criminal violation
  • You are mistakenly identified
  • You had authorization to enter the said property
  • You are the property owner
  • You are factually innocent
  • Insufficient evidence

Robbery, § 18.2-58

Robbery is a form of larceny that encompasses the use of physical force, intimidation, or threats of violence. For example, when you utilize a firearm to steal from an individual, you will face robbery charges. Even in the absence of a weapon, your actions amount to robbery if you utilize intimidations or threats to compel an individual to surrender possession or ownership of their property.

Robbery Elements

When prosecuting a robbery charge, the prosecutor should demonstrate you took an item or property. Taking means you took possession of the item and moved it considerably, even the slightest distance. The prosecutor should show that when you took the item, you intended to dispossess the owner's usage.

Similarly, they must show another party owned or possessed the property. Possession can be constructive or actual. Therefore, you will be guilty of robbery even if the item was not in the owner's immediate possession.

Also, you must have taken the item against the owner’s will, meaning they did not consent to handing over the property.

The use of force or intimidation differentiates robbery from shoplifting. Therefore, the prosecutor must show you threatened to harm or harm the property owner, causing them to hand over the property.

Robbery Penalties

Robbery is an unclassified felony that carries at least 60 months of prison incarceration. However, the presence of certain aggravating factors, like the death of a victim or the use of a gun, can lead to penalty enhancement.

Robbery Defenses

Robbery is a serious charge, but it is not hopeless. You can prevent a guilty verdict or obtain lenient penalties with the help of an attorney. The defenses you can use to contest the allegations include:

  • You were threatened with harm or death if you did not participate in the robbery
  • You did not use force, intimidation, or violence
  • The property owner gave you consent to take the property
  • The alleged property belongs to you

Preparing for a Theft Crime Case

When you face theft crime charges, especially for the first time, you will be overwhelmed because you do not know what to expect. Your experience in court depends on the kind of charge you face. Some theft crimes, like petit larceny, do not involve a jail sentence upon conviction. Therefore, you could be tempted to take the charges lightly, believing you will only pay a small court fine after your sentence. Nevertheless, you could overlook that a guilty verdict will adversely impact your record.

So, even if you do not spend time in jail, the criminal history will haunt you for years. Employers will use the conviction to deny you employment opportunities or promotions. Besides, many property owners or managers will be hesitant to lease out their property to an individual with a record, making living in a neighborhood of your choice difficult.

Other factors that will affect your court experience are:

  • The property you are alleged to have stolen
  • If your actions demonstrate a repeated pattern
  • The place where the theft occurred
  • Whether you returned the stolen item or paid restitution

Circumstances change from one theft crime to another, meaning that your penalties for the same offense could vary from one defendant to another. The punishment varies depending on aggravating and mitigating facts in the case.

Find a Proficient Theft Crimes Attorney Near Me

Theft crimes attract penalties or collateral ramifications on your private and career lives. With the consequences at stake, theft crime charges can be overwhelming, hence the need for guidance from an experienced attorney. An attorney will explain the type of charge, possible penalties, and defenses to reduce the anxiety associated with not knowing what to expect.

At Virginia Criminal Attorney, we will discuss your charges and craft defenses for a fair outcome. Contact us at 703-718-5533 for legal representation in Fairfax and Northern Virginia.