by Faraji Rosenthall | Jan 26, 2016 | Criminal Law, Shoplifting
Have You Been Accused of Theft? Being convicted of a theft charge can change your life forever, and not for the best. Once convicted, and sometimes if you were simply charged but not convicted, you may not be able to get certain jobs nor be put in any form of fiduciary positions. These charges tend to last throughout your lifetime, unless you have gotten your record expunged or sealed. Though it may seem like the only people convicted of theft charges are those considered to be poor, those who have means also can be convicted of theft charges. For instance, in recent news, a Judge in New Mexico and a high school bookkeeper in Wisconsin were charged and convicted of embezzlement. It can happen to anyone at any time. However, if you lack the requisite intent, you may be able to dodge a theft conviction. If you or a loved one have been charged with theft, contact an experienced Virginia theft charge attorney to consult about your case. Different Forms of Theft Charges in Virginia In Virginia, all theft and theft-related crimes are considered larceny. Though there is not an exact definition for larceny, larceny is, essentially, unlawfully taking property of another with the intent to permanently deprive that person of their property. Larceny in Virginia comes in many forms: Larceny of certain animals and poultry; Larceny of bank notes and checks; Concealing or taking possession of merchandise; Receiving stolen goods; Embezzlement: Embezzlement is considered the wrongful taking of money or valuable property that took place while the offender was entrusted with someone else’s property. Shoplifting is committed...
by Faraji Rosenthall | Apr 13, 2015 | Shoplifting
What to Do if You Have Been Charged with Grand Larceny in Fairfax County, Virginia It can be surprising how quickly a larceny can be a life changing event. People may make an error in judgment, taking something without realizing that the value of the object they took made the action a felony. From there, life can be an uphill battle. Employers in particular are skeptical of hiring individuals with grand larcenies on their record because of the perceived harm that stealing will do to their business. If you have been charged with Grand Larceny in Fairfax County, Virginia, you need to know what the offense entails and what your options may be. So, what is grand larceny? Grand larceny is covered under Virginia Code 18.2-95. Typically, the Commonwealth needs to prove that you intentionally took something without permission and that the thing you took was valued at more than $200.00. You can also commit a grand larceny by taking something valued at more than $5.00 from the person of another or by stealing a firearm. However, those portions of the statute are rarely used. This piece will instead focus on what it means to be charged with stealing something valued at greater than $200.00 in Fairfax County, Virginia. What Qualifies as a Grand Larceny? The thing about grand larceny in Fairfax County, Virginia is that it includes basically any kind of theft. One of the more common ways to get charged with grand larceny is to commit shoplifting. If you handle merchandize in a way that goes beyond what the store allows, you could be in trouble. Critically,...
by Faraji Rosenthall | Mar 23, 2015 | Shoplifting
What Are The Consequences Of Petit Theft In Fairfax County? What are the laws regarding petit theft and shoplifting in the state of Virginia, and more specifically in Fairfax County? Learn how a lawyer can help to dismiss charges, or get alternative sentencing for this misdemeanor offense. Definitions& Elements of the Crime Petit theft is also known as shoplifting, petit larceny or larceny, and it’s defined as: When someone steals money from someone in-person, and it’s valued at less than $5. When someone steals goods or services valued at less than $200. One of the common denominators of this crime is to prove intent. Petit larceny is also considered to be a Class 1 misdemeanor. What Are The Penalties for Petit Theft? The possible penalties for petit theft include up to $2,500 and/or up to one year in jail, for first time offenders. Grand theft convicts on the other hand, face up to 20 years imprisonment. In addition to these fines, the defendant may be ordered to pay victim restitution to the owner, in the amount of the value of goods stolen, and litigation fees initially paid by the petitioner or retail store owner. By now readers may realize that any other theft besides petit larceny is considered grand theft. Grand theft is the deliberate stealing of goods or services worth more than $200. There are also other types of larcenies outlined by Virginia law, which include the theft of animals or poultry, theft of bank notes; theft of public records; or embezzlement as a few examples. How Is Shoplifting Different From Theft? Shoplifting is considered to be the...
by admin | Nov 12, 2014 | Shoplifting
Many people use the term “theft” to broadly describe a number of crimes involving stealing property. However, there are clear differences between such crimes. Burglary and robbery, for example, are not the same. Each has a different legal definition in addition to its own specific punishments. Here are the three most common theft-related crimes: Larceny. Larceny has the broadest description of any theft-related crime, and in Virginia, larceny describes any non-specific theft crime. The term “larceny” has no general definition in Virginia law, though it is assumed to be the unlawful taking of property with intent to permanently separate the person from his or her property. Numerous specific larcenies are defined to include larceny of bank notes and checks, larceny of specific animals, shoplifting, and receiving stolen goods. As in most states, the punishments for larceny are largely determined by the amount stolen, usually categorized as grand larceny (greater than $200) or petit larceny (less than $200). Burglary. Burglary is breaking and entering with the intent to commit larceny or some other crime. Any home invasion can be considered burglary, whether or not anything was stolen. The intent to commit a crime and the act of unlawfully entering someone else’s property are enough to convict a person of burglary. Robbery. This term refers to the crime of taking a person’s property through the use or threat of violence. Causing physical harm to a person or threatening him or her with firearms while taking their property constitutes first-degree robbery, and is punishable in Virginia by no less than three years in prison, and up to 10 years or life. Second-degree...
by admin | Mar 21, 2014 | Shoplifting
An employee of a 7-11 store in Colorado Springs, Colorado is looking for a new job after his employer fired him. According to the former employee he was in the middle of a shift when he noticed two men he believed were stealing from the store. After observing the illegal behavior the worker confronted the men. When they fled the store, the clerk followed them out of the store as he was waiting for police. He was able to catch up with the thieves at which point they attacked him. The assault was enough to require him to get stitches. As a result of his efforts, his company put him on suspension while it investigated the incident. Apparently, workers are not supposed to leave the store or confront shoplifters under those circumstances. After an investigation the clerk was fired for creating an unsafe circumstance by leaving the store and for violating store...
by admin | Aug 20, 2013 | Shoplifting
Police procedural television programs and heist movies have made most people conversational with the terms petty theft, larceny, grand larceny and more. But since those shows are never based in Fairfax, VA, the average person is unclear on the actual laws surrounding these offenses. All theft crimes in Virginia (and those related) are all subsumed under the general term “larceny.” While there are a few specific statutes relating to larceny, generally larceny offenses are divided into two categories: Petit Larceny Grand Larceny Petit Larceny Petit larceny is the lowest level of theft. Petit larceny is classified as a Class I misdemeanor, and the attached sentence is possible confinement in jail for a period not longer than 12 months, and/or a fine of not more than $2,500. What qualifies as a petit larceny? Theft of property or services valued at less than $200, orl Theft of property valued at less than $5 when taken directly from the person of another. Grand Larceny Grand larceny is usually punishable as a felony, and if it is charged as a felony, the court can can punish the offender with imprisonment for a period of at least one years but not more than twenty years. However, at its discretion, the court can choose to view the grand larceny charge as a misdemeanor instead of a felony. This is sometimes done in cases where the defendant has no previous offenses, or if the amount stolen was only slightly over $200. If that is the case, the possible penalties are the same as for petit larceny, which is also a misdemeanor. What qualifies as a grand...