Tag Archives: Virginia Shoplifting
Virginia Theft Crimes Defense
In Virginia you may be charged with one or more of a variety of theft crimes. Perhaps the most common theft crime in Virginia is shoplifting, which is considered as petit larceny if the value of the item is less than $200.00 or grand larceny if the value of the item exceeds $200.00.
As with every criminal prosecution in Virginia, the prosecution must prove the elements of a Virginia theft crime beyond reasonable doubt. We will hold the prosecution to this high standard. Our Virginia theft crime defense attorneys specialize in providing an aggressive defense against the following Virginia theft crimes:
* Petit larceny, also called petty larceny
* Grand larceny
* Auto theft / Carjacking
* Credit card fraud
* Employee theft
* Money laundering
Petit larceny, also called petty larceny in Virginia
You may be facing charges of petit larceny if you are accused of stealing an item from a person (basically snatching something away from somebody else) if the item is worth less than five dollars. You may also be charged with petit larceny of you are accused of stealing an item without taking item directly from the other person if the value of the item is worth less than two hundred dollars. Petit larceny is a Class one misdemeanor. If the accusation involves taking an item worth more than five dollars from the person or stealing an item worth more than two hundred dollars not directly from the person, the charge will be grand larceny, a felony.
§ 18.2-96. Petit larceny defined; how punished.
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
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Grand larceny is a serious criminal accusation. If you are charged with grand larceny in Virginia, you are facing the possibility of spending up to twenty years in prison. Grand larceny involves taking an item worth more than five dollars from the person or stealing an item worth more than two hundred dollars not directly from the person. If you are convicted of grand larceny in Virginia, the judge or jury has the option of sentencing up to the range of a class one misdemeanor, but in Virginia, you probably will not get such leniency from a jury.
§ 18.2-95. Grand larceny defined; how punished.
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm’s value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
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Shoplifting is a form of larceny and perhaps the most common larceny charge in Virginia. Every day, department stores, specialty stores, electronic shops, and other commercial establishments in Virginia stop people and accuse them of stealing merchandise. Sometimes the accusations arise from innocent placement of merchandise somewhere in a shopping basket with the intention to pay for the item. However, when the person inadvertently forgets to pay for the item, the store in Virginia accuses the person of purposely hiding or concealing the merchandise with the intent to steal it. Sometimes good people make the mistake of falling to the temptation of trying to take an item from a store. Whatever the case may be, a charge of shoplifting, whether petit larceny or grand larceny must be taken seriously and defended against smartly and aggressively.
§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.
Whoever, without authority, with the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.
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§18.2-58. Robbery; How punished.
If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
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Auto theft / Carjacking
§ 18.2-58.1. Carjacking; penalty A. Any person who commits carjacking, as herein defined, shall be guilty of a felony punishable by imprisonment for life or a term not less than fifteen years.
B. As used in this section, “carjacking” means the intentional seizure or seizure of control of a motor vehicle of another with intent to permanently or temporarily deprive another in possession or control of the vehicle of that possession or control by means of partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever. “Motor vehicle” shall have the same meaning as set forth in § 46.2-100.
C. The provisions of this section shall not preclude the applicability of any other provision of the criminal law of the Commonwealth which may apply to any course of conduct which violates this section.
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§ 18.2-89. Burglary; how punished.
If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
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§ 18.2-111. Embezzlement deemed larceny; indictment. [ Back to top ]
If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.
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Fraud [ Back to top ]
Credit card fraud [ Back to top ]
Employee theft [ Back to top ]
Money laundering [ Back to top ]
We investigate Virginia theft charges thoroughly and develop our trial strategy accordingly. As your Virginia theft crime defense lawyer, we will leave no stone unturned when protecting your rights and your freedom.
Contact a Virginia theft crime defense lawyer.
Virginia (VA) criminal defense, divorce, child custody, reckless driving, dui and federal court attorney representing clients throughout Virginia. Some of the jurisdictions served include:
Henrico County VA, Richmond City, Chesterfield County VA, Hanover County VA, Petersburg County VA, Fairfax County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach VA, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania VA, Hampton Roads, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas VA, Woodbridge, Charles City, James City, Gloucester, Tidewater, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions). Continue reading