Being charged with a theft crime can be confusing. The Commonwealth’s theft laws include everything from misdemeanor to felony charges, with penalties that range from minor to extremely severe. Planning a defense against those charges begins with understanding the complex laws surrounding the theft, how they apply to an alleged factual scenario, and how they might impact you.
Since theft charges can be confusing, some defendants make the mistake of asking the police for more information. However, no criminal defendant should speak to the police before consulting with their attorney or without having an attorney present. Getting the help of a knowledgeable attorney is essential to understanding theft penalties in Chesapeake.
State Theft Laws
Virginia classifies its crimes in various ways. Theft is a property crime. Theft—also known as larceny—involves the wrongful or unlawful taking of someone else’s property. However, theft is not only about the taking of property; it is also an intent crime. The person doing the taking must have the intent to deprive the rightful owner of the property. The Commonwealth can use the facts surrounding the case to help demonstrate intent.
Because there are so many different types of property, there are many ways for people to commit property crimes like larceny. The most obvious way is to grab something from a person or a place and attempt to leave with that item. However, that is not the only way to commit larceny. Other ways to commit theft include receiving stolen goods, transferring stolen goods, damaging public records, embezzlement, unauthorized use of a vehicle, hiding merchandise, and more. All these types of theft could lead to severe penalties in Chesapeake.
Degrees of Larceny
Penalties for larceny in Chesapeake depend on multiple factors. The value of the property taken can modify the punishment from a misdemeanor to a felony. Virginia Code § 18.2-95 and 96 describe grand and petit larceny. The terms describe the degrees of theft offenses based on the dollar value of the property stolen and the conditions of the theft.
It is grand larceny to steal goods or chattel with a value of $1,000 or more, to steal a firearm—regardless of its value—or to take money or something with a value of $5 or more directly from a person. Pickpocketing and robbery result in an offense of grand theft, even if the item stolen has a low value since it involves taking the property directly from a person.
Grand larceny has substantial potential punishments. The potential prison sentence is from 1 to 20 years in a state correctional facility, confinement in jail for up to 12 months, and a fine of up to $2,500. The most exciting thing about grand larceny offenses is the discretion the law gives the jury in terms of sentencing. They can choose between almost no sentence and a very lengthy sentence.
Petit larceny describes the lowest level of theft. It involves taking property worth less than $500 or taking less than $5 from a person. Larceny only describes the theft part of an offense. Pickpocketing $5 from a person would apply, but armed robbery would still be a violent crime, whether a defendant obtained anything of value in the attempt. The maximum penalty for petit larceny is 12 months in jail and a fine of up to $2,500.
Petit larceny is a Class 1 misdemeanor offense. Grand larceny is a felony, and even first-time offenders may face felony charges and severe consequences. However, many first offenders can avoid jail time. They may even be able to avoid a felony conviction if they request and receive a deferred disposition in a criminal case under Virginia Code § 19.2-298.02.
Consult an Attorney About Theft Penalties in Chesapeake
If you are charged with theft, you could get anything from a slap on the wrist to a lengthy criminal sentence and a hefty fine. However, to convict you, the Commonwealth must prove you took property without the owner’s consent and with the intent of permanently depriving the owner of that property. If they cannot prove all three elements, they cannot prove the crime.
In addition to helping you understand theft penalties in Chesapeake, an attorney from Parks Zeigler, PLLC, can help you explore your potential defenses. Schedule a consultation to learn more.
