If you’re facing charges for larceny, shoplifting, burglary, or another type of theft, you need to speak with a knowledgeable criminal defense attorney who specializes in theft defense.
At Select Law Partners PLLC, we uphold the belief that everyone is innocent until proven guilty and that every person who’s charged with a crime deserves the chance to defend themselves. Our Fairax criminal defense lawyers understand how to interpret the law and craft persuasive arguments in your favor.
Whether you’re dealing with a misdemeanor or felony charge, our team is deeply familiar with the criminal justice system and is here to help you navigate the complexities of your case. Call (855) 541-4867 or contact us online to learn more and to schedule a consultation.
Our theft lawyers in Fairfax are well-versed in the nuances of the various theft laws and can provide valuable insight into how to approach your case. By evaluating the circumstances of your case, we can help you create a defense strategy that brings the best possible outcome, regardless of the specific charges you’re facing.
Elements of theft
In Virginia, there are several larceny or theft-related offenses that differ based on what was stolen, the value of the property that was stolen, and if violence or threats of violence were used. Regardless of the specific charge, a theft-related offense includes this general definition:| The intentional and non-consensual taking of someone else’s personal property with the intent to permanently deprive the owner of the property. |
Types of theft crimes
There are several different types of theft-related charges, including theft itself, selling stolen property, and conspiracy to commit the crime. Here’s a closer look at some of the more common theft charges.Larceny
Larceny is a general term for theft that involves taking someone else’s property without their permission. Theft crimes that don’t fall under a specific category are often charged as larceny.Petit larceny
Petit (or petty) larceny occurs when an item valued at less than $5 is taken directly from the person or if the goods or chattels taken were valued at less than $1,000 and weren’t taken directly from a person. Petit larceny is a Class 1 misdemeanor and carries a sentence of up to 12 months in jail and a $2,500 fine. Restitution can be requested by an alleged victim for the value of the property taken if it is not returned.Grand larceny
Grand larceny is committed when the item taken directly from a person is worth $5 or more, if the goods or chattels taken were of a value greater than $1,000, or if larceny of a firearm is committed. Grand larceny is a felony that can result in up to 20 years in prison and a $2,500 fine. Restitution can be requested by an alleged victim for the value of any property taken if it is not returned.Robbery
Robbery is the taking of something from another person through force or threat of force. The potential penalties for a robbery charge vary based on the bodily injury that was caused and if a firearm or deadly weapon was used. Any person who commits robbery by using threat or intimidation or any other means not involving a deadly weapon is guilty of a Class 6 felony and can get up to 5 years in prison. Any person who commits robbery by using physical force not resulting in serious bodily injury or by using or displaying a deadly weapon other than a firearm in a threatening manner is guilty of a Class 5 felony and can get up to 10 years in prison. Any person who commits robbery by using or displaying a firearm, in a threatening manner is guilty of a Class 3 felony and could be looking at 5 to 20 years in prison. Any person who commits robbery and causes serious bodily injury to or the death of any other person is guilty of a Class 2 felony and could be looking at 20 years to life in prison.Burglary
Burglary is the breaking and entering of a property with the intent to commit theft, murder, rape, robbery, or arson. There are many nuances to this charge that are depicted by the time of day the entering of the property occurred and whether the act of “breaking” is required. These subtleties are one of the reasons you need an attorney who’s highly knowledgeable in Virginia criminal defense. Burglary in the nighttime with the intent to commit a felony or larceny is a Class 3 felony punishable by up to 20 years in prison. If a deadly weapon is used in a burglary then it is listed as a Class 2 felony which can result in up to life in prison.Stolen property
In addition to direct theft, Virginia also has laws that address the possession of stolen property. If you’ve knowingly purchased, acquired, or concealed stolen property from another person, you could be charged with a theft offense. The penalties for possessing stolen are the same as petit and grand larceny depending on the value of the property.
Shoplifting
Shoplifting involves stealing items from a store. Individuals who are stopped within a store may still be charged with shoplifting if they are carrying items that haven’t been paid for and they have passed all points of sale. Behaviors like willfully concealing goods, altering price tags, or helping someone else to steal items from a store can all result in charges such as petit or grand larceny.Embezzlement
Embezzlement is a unique type of theft crime in which an individual wrongly uses, disposes of, or conceals any money or property that has been entrusted to them or that they’ve received on someone else’s behalf such as receiving a check intended for their employer. This type of theft is often seen in a professional setting and involves someone taking money from their employer or another trusted individual. Examples of embezzlement include:- A cashier taking money out of the register or using the register to credit their account
- An upper-level employee using a company credit card for personal purchases and creating false receipts
- A bookkeeper falsifying records to hide the money they’ve taken from an employer or client
- Overbilling customers and keeping the extra money
