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If you had permission to take the property, or you believed that you did, you can explain this situation in court. The punishment for taking less than $500 worth of livestock and certain other animals is classified as a Class 6 felony and is punishable by five years in prison or 12 months in jail, per the discretion of the court or jury. The value of the item itself can elevate larceny from petty to grand. Call Our Virginia Larceny Lawyers Today. Intending to permanently deprive the owner of his or her property. 2-58, Robbery is essentially the crime of theft committed with some level of force or threat of violence. Lack of intent: You did not mean to threaten and/or to deprive the rightful owner of property. For instance, larceny crimes generally involve someone taking a valuable item from a person without threat or violence.
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Any false pretenses you used did not help you obtain the money or property. An example of duress is when someone points a gun at you and demands that you take some items, leaving you with no option other than to comply. Also there is grand larceny by virtue of being convicted the third time with petit larceny. We can also challenge the value of the items taken. What Might Be Some Specific Defenses To the Crime of Theft? It can also be committed by taking something worth less than $1000, but with the intent to sell it and make a profit. Your criminal defense lawyer will analyze all the details of your arrest, the charge you are facing, and the circumstances surrounding them. Contact us today to schedule a consultation. What is Larceny under Virginia Criminal Law? First and foremost, do not take any theft charge lightly.
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Hire a Lawyer for Larceny Charges. Theft charges in Virginia can be misdemeanors or felonies, depending on the value of the items allegedly stolen. For instance there's larceny of a firearm which is automatically a felony in Virginia and then you also have credit card larceny. Can the prosecution prove that you intended to steal something? They wake up one morning to find their car missing, and you get accused of theft. Grand larceny charges apply if the value is at least 500 dollars and its penalties are one to twenty years in prison. Misdemeanor Larceny Charge. Committing robbery by strangling, suffocating, beating, striking, or using any form of violence against a person is an offense under Virginia Code 18. Your criminal defense attorney may investigate the fact that you had a genuine belief that you had the legal right to appropriate the property, or whether the owner gave their consent, or the owner can't be found at all. Offenses like robbery also involve an individual permanently taking something of value from someone. There are many types of theft, and the precise punishment you are facing will depend on what part of the criminal code you are charged with. 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. Second or Subsequent Offense Misdemeanor Larceny.
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Keep in mind, though, that the Commonwealth's larceny laws can result in different penalties depending on the actual crime you're charged with. Remember that any information you give to your lawyer falls under attorney-client privilege. Charges Related to Grand Larceny in Virginia.
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Or if you are being unfairly accused, you need the best Virginia defense lawyer you can get. So, for example, where one person "borrows" an item without permission, but intends on returning the item at some point, he is not guilty of larceny. The charge applies even if you did not have the intent to steal the items.
Petite Larceny: (Petty Larceny) Theft of less than $200 (Misdemeanor). In some situations, the court will not be able to prove each of them beyond a reasonable doubt. The punishments would be the same as for petit larceny. While the element of false pretense is crucial to this crime, prosecutors must prove four elements to have you convicted: - You had the intent to defraud another person or persons. Selling stolen property. In this instance, "grand" means "large.