Facing theft and larceny charges in Virginia can be a life-changing event. If you or someone you know has been charged with theft or larceny, you may be feeling overwhelmed, scared, and unsure of what to do next. It’s important to remember that being charged with a crime doesn’t mean you are guilty. Everyone has the right to defend themselves in court, and there are many ways to fight these charges. This guide will walk you through what theft and larceny are, what you can expect if you are charged, and how you can fight back against the charges in Virginia. At, NovaLegalGroup, P.C , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Theft and Larceny Charges in Virginia
Before you can fight theft and larceny charges, it’s important to understand what these crimes mean in Virginia. Theft and larceny both involve taking someone else’s property without permission, but the laws and penalties can vary depending on the value of the property and other circumstances.
In Virginia, larceny is divided into two main categories: grand larceny and petit larceny. Grand larceny is the more serious of the two. It typically involves stealing property worth $1,000 or more, or taking something directly from someone’s person, such as a wallet or phone. If convicted of grand larceny, you could face a felony charge and a prison sentence of up to 20 years.
Petit larceny, on the other hand, involves taking property worth less than $1,000. This is usually considered a misdemeanor, and the punishment can include fines and up to 12 months in jail. However, even a petit larceny charge can have long-lasting consequences, such as difficulty finding a job, renting an apartment, or securing loans. Both grand and petit larceny are serious charges that require a strong defense.
What Happens After You Are Charged with Theft or Larceny?
If you are charged with theft or larceny in Virginia, the legal process will begin with your arrest. After your arrest, you will have to appear in court for an arraignment, where the charges against you will be read, and you will enter a plea of guilty or not guilty. If you plead not guilty, the court will set a trial date.
Between your arraignment and trial, you and your attorney will have the opportunity to gather evidence, prepare your defense, and negotiate with the prosecutor. In some cases, the charges may be dropped or reduced before trial, depending on the strength of the evidence against you. However, if your case goes to trial, the prosecution will try to prove that you committed the crime, while your defense will focus on creating doubt in the minds of the jury or judge.
Possible Defenses to Theft and Larceny Charges
There are many different defenses that can be used to fight theft and larceny charges in Virginia. The defense you use will depend on the specific circumstances of your case. Below are some common defenses that have been successful in similar cases.
One of the most straightforward defenses is proving that you did not take the property in question. This might involve showing that you were not present at the scene of the crime, or that someone else was responsible. You could also argue that the property was taken by mistake, without the intent to steal. Intent is a key element of theft and larceny charges, and if the prosecution cannot prove that you intended to permanently take the property, you may have a strong defense.
Another common defense is consent. If the owner of the property gave you permission to take or use it, then you cannot be found guilty of theft or larceny. However, proving consent can be tricky, especially if there is no written or clear agreement. Your attorney will help you gather evidence to show that you had the owner’s permission.
Sometimes, people are falsely accused of theft or larceny. This can happen due to misunderstandings, miscommunication, or even deliberate false accusations. If you were wrongly accused, your attorney will work to expose the truth and show that you did not commit the crime.
Finally, there may be instances where the evidence against you was obtained unlawfully. If the police violated your rights during the investigation, such as conducting an illegal search or seizure, your attorney may be able to get that evidence thrown out. Without strong evidence, the prosecution may have to drop the charges or offer a favorable plea deal.
We are very pleased with the outstanding legal services provided by NovaLegalGorup and specifically Josh Wilson, Esq. He handled our very complex case professionally and gave us the utmost confidence in the outcome from our first discussion. He skillfully guided us through the process and of course achieved the outcome we needed. We strongly recommend Mr. Wilson and NovaLegalGroup.” - David & Kim The best law firm in the area for what they do. my opinion: Service received from this Law Firm was unique and satisfactory: Spencer Reiss provides professional advice, communicates with his clients, and is very knowledgeable and experienced in the field. The rest of the staff is very friendly and does their best to get you the answers you need." - Derek Van De Walle Joshua Wilson and Christopher Jacob are the two attorneys that I have been working with from Nova Legal Group. I have been very impressed so far, I have absolute confidence I could not have made a better choice. I definitely recommend this firm to anyone who may require their services." - Brian Mills
The Importance of Legal Representation
Fighting theft and larceny charges in Virginia can be a complicated and stressful process. Without legal guidance, you might not know your rights or how to build a strong defense. This is why it’s crucial to have a knowledgeable guide by your side who understands Virginia’s legal system and can help you navigate through the process.
An experienced legal team will investigate the facts of your case, challenge the evidence against you, and work tirelessly to protect your rights. They will also negotiate with the prosecution to try to reduce your charges or get them dropped altogether. In many cases, theft and larceny charges can be resolved without going to trial, which can save you time, stress, and money.
It’s also important to note that each case is unique, and the best defense for one person might not work for another. Your legal representation will tailor a defense strategy specifically for your situation, taking into account the facts, the law, and your personal circumstances. This personalized approach can make a big difference in the outcome of your case.
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What Happens If You Are Convicted?
If you are convicted of theft or larceny in Virginia, the consequences can be severe. For grand larceny, a felony conviction can result in a prison sentence, hefty fines, and a permanent criminal record. Even petit larceny, which is a misdemeanor, can lead to jail time, fines, and a criminal record that follows you for years.
A criminal record can make it difficult to find employment, housing, and loans. It can also impact your personal relationships and reputation. However, just because you are convicted does not mean all hope is lost. Depending on the circumstances, you may be able to appeal your conviction or seek a reduced sentence. In some cases, your attorney may even be able to negotiate alternative sentencing options, such as community service or probation, instead of jail time.
Steps You Can Take to Strengthen Your Defense
While your attorney will handle the legal aspects of your defense, there are steps you can take to help strengthen your case. It’s important to be honest and open with your attorney so that they have all the facts. Withholding information, even if you think it’s unimportant, can hurt your case.
You should also avoid discussing your case with anyone except your attorney. Anything you say to others, even friends or family, could potentially be used against you in court. Social media is another area to be cautious about. Do not post anything about your case on social media, as it could be used as evidence against you.
Be sure to follow any instructions from the court or your attorney. This includes attending all court dates, paying any required bail, and staying out of trouble while your case is pending. By cooperating fully and staying informed, you can help your attorney build the best possible defense.
Facing theft and larceny charges in Virginia is a serious matter, but it’s not something you have to face alone. With the right defense strategy and legal representation, you can fight these charges and protect your future. Remember, being charged with a crime does not mean you are guilty, and there are many ways to challenge the prosecution’s case against you.
If you are facing theft or larceny charges, it’s important to act quickly. The sooner you seek legal help, the better your chances of a favorable outcome. At NovaLegalGroup, P.C., we understand the challenges you are facing, and we are here to help you every step of the way. Our team will work tirelessly to defend your rights and fight for the best possible outcome in your case. Contact us today to learn more about how we can assist you.