Definition of Theft in Virginia

In Virginia, theft is legally defined under various terms, such as larceny, embezzlement, and shoplifting. Larceny is the unlawful taking of someone else's property with the intent to deprive them of it permanently. Embezzlement involves the fraudulent taking of property by someone who is in a position of trust, such as an employee or a public official. Shoplifting, on the other hand, specifically refers to the act of stealing goods from a retail establishment.

Virginia law meticulously categorizes these offenses, and the circumstances of your case will dictate the type of theft charge and penalties you will face.

Misdemeanor vs. Felony Theft: Monetary Thresholds

The distinction between misdemeanor and felony theft charges in Virginia primarily hinges on the value of the stolen property and the circumstances surrounding the theft. Petit larceny, considered a misdemeanor, involves the theft of property valued at less than $1,000. The penalties for petit larceny typically include fines, community service, and short-term imprisonment.

In contrast, grand larceny, classified as a felony, involves the theft of property valued at $1,000 or more. Felony theft charges carry much harsher penalties, potentially including long prison sentences and substantial fines.

Aggravating Factors

Several factors can elevate a misdemeanor theft charge to a felony. For instance, if the theft involves using or stealing a weapon, the charges may be escalated to a felony. Additionally, theft from a person, such as pickpocketing or purse snatching, is often charged as a felony regardless of the value of the stolen property.

Understanding these criteria is essential for anyone facing theft charges, as the distinction between misdemeanor and felony can significantly impact the legal consequences and long-term implications of a conviction.

Monetary Thresholds for Felony Theft

In Virginia, the monetary threshold for a theft charge to be classified as a felony is $1,000. This means that if the value of the stolen property is $1,000 or more, the theft is considered grand larceny, a felony offense.

Defending Against Felony Theft Charges

Several common defense strategies can be employed to contest felony theft charges in Virginia. One potential defense is challenging the intent behind the alleged theft. For a theft charge to hold, the prosecution must prove that the defendant intended to permanently deprive the owner of their property. If the defense can demonstrate that there was no such intent, the charges may be reduced or dismissed.

Ownership disputes can also serve as a viable defense strategy. If the defendant can prove that they had a legitimate claim to the property in question, the theft charges may not hold.

Additionally, procedural errors during the arrest or investigation can be grounds for dismissal.

When to Call an Attorney

If you are facing theft charges, whether a misdemeanor or a felony, contact an attorney as soon as possible. The sooner you get legal representation, the sooner you can begin building a robust defense. Remember, even if you are only charged with a misdemeanor, a conviction can haunt you. Always take your charges seriously.

If you or a loved one is facing theft charges, don't wait to seek professional legal help. Scheduling a consultation with Andrew J. Cornick, Attorney at Law is your first step towards protecting your rights and future.