Theft means taking something without permission and intending to deprive the rightful owner of its use. You can be charged with theft if you steal money, property, services, merchandise, or anything else of value.
When the value of the property or thing stolen exceeds $1,000, you face a felony charge. There are dire consequences to being a convicted felon, so it is critical to work with a skilled and experienced theft attorney.
Contact a Chesapeake felony theft lawyer at Parks Zeigler. We provide aggressive representation and work diligently to achieve the best result possible.
Understanding the Elements of a Theft Charge
The legal term for theft in Virginia is larceny. According to the Code of Virginia § 18.2-95, a person commits grand larceny when they steal goods or services valued at more than $1000 or steal any firearm, regardless of its value. It is also grand larceny to take anything valued at $5 or more from a person—this charge encompasses pickpocketing or stealing items from a purse or backpack while the owner is carrying it.
Grand larceny requires that you take the property, goods, or services without permission and with the intent of permanently depriving the owner of it. If you took something intending to return it or if you had the owner’s permission to take it, you have not committed larceny.
The value of the allegedly stolen property is critical. Sometimes, an officer inflates the value of stolen goods to increase the severity of a charge. A Chesapeake attorney could investigate to determine the true value of the allegedly stolen property and might convince the prosecutor to reduce the felony charge.
Grand Larceny Penalties
The law sets the penalty for grand larceny at a prison sentence of one year to 20 years. The judge has the discretion to sentence you to one year in jail rather than state prison, impose a fine of up to $2,500, or both.
The wide range of sentencing options allows a Chesapeake felony theft attorney to work toward a lighter sentence. A sentence at the low end of the range is common when an accused has no prior criminal history, the theft was not from the person and did not involve a firearm.
Certain factors make a harsher sentence more likely. If you have a prior theft conviction or prior felony convictions, you are more likely to receive a substantial prison sentence. When an accused allegedly intends to resell the property they stole, the minimum prison sentence increases to two years, and more time is likely. When convicted of stealing more than two of the same item, there is a presumption of an intent to sell or distribute.
Resolving Grand Larceny Charges
The most effective defense in a specific case depends on multiple factors, including the accused’s criminal history and the prosecutor’s evidence. Challenging the value of the allegedly stolen items or services could result in a felony charge reduction to a misdemeanor.
Sometimes, raising mistaken identity is a viable defense to grand larceny, especially when there is no physical evidence connecting the accused to the stolen property. Sometimes, a legitimate dispute about ownership leads to grand larceny charges, and showing the accused believed in good faith that they were the rightful owner can lead to dismissal or reduction of charges. Similarly, presenting evidence that the accused intended to return the property or pay for it could defeat a grand larceny charge.
Police misconduct often leads to the dismissal of charges. When a felony theft lawyer in Chesapeake can prove law enforcement officers used illegal or unauthorized surveillance techniques or conducted an illegal search and seizure, evidence of larceny might not be admissible, and charges could be dismissed.
Defend Grand Larceny Charges With a Chesapeake Attorney
Grand larceny is a serious charge, but a skilled attorney can often achieve a favorable resolution. Get in touch with the experienced criminal defense team at Parks Zeigler as soon as you are arrested.
Our Chesapeake felony theft lawyers will stand with you throughout the criminal proceedings. Reach out today to discuss your case.
