Virginia defines theft as the unlawful taking of another person’s property without their permission and with the intent of depriving them of it. The legal term for this is larceny. Depending on the items taken and their value, the penalties may range from misdemeanors to felonies. For example, petit larceny, which refers to the theft of items valued at less than $1,000, is a misdemeanor. The theft of anything valued over $1,000 (grand larceny) is a felony offense. Robbery, which implies the use or threat of force to commit theft, is considered a violent crime and carries harsher penalties.
If you are facing a criminal charge of larceny in Newport News, Hampton, or York County, we encourage you to call Sunshine Law Group. Criminal defense lawyer and former prosecutor Attorney Chad S. Roberts can help you protect your rights and create a comprehensive legal defense on your behalf. We will look for any inaccuracies in the prosecution’s case, cross-examine any eyewitnesses, analyze police reports, gather evidence on your behalf, and represent you in court.
Contact our office to request a free consultation with our theft defense attorney in York Count, VA.
Fighting Theft Charges in Virginia
Intent (or motivation) is, perhaps, the most important factor in any theft case. It’s necessary for the prosecutor to prove that you took the property intentionally or knowingly, rather than by accident or mistake. In some cases, the prosecution may try to use prior burglary convictions or self-incriminating statements to prove intent. At Sunshine Law Group, we believe this is unreliable evidence and we’ll work to have it suppressed in court. Even if allowed, the court must also consider other factors, such as whether you had knowledge that property was stolen and intended to permanently deprive the owner of the item.
In addition to proving intent, prosecutors must demonstrate beyond a reasonable doubt that you did not have permission from the owner to borrow the property in question. This can be closely related to your motivation because perhaps you took the item with the belief that you had the owner’s permission to do so. If you convincingly demonstrate that the owner consented to you taking the property, then no crime has been committed.
Another defense strategy that we can help you explore is preventing certain pieces of evidence from being used against you. The Fourth Amendment to the U.S. Constitution provides protection to accused parties by preventing law enforcement officers from gathering evidence through unlawful search and seizures.
This means that any evidence acquired from your property must be done so with a valid search warrant, probable cause, or other legal justification. If it is not, you might be able to challenge its legality and block it from the courtroom.
If you’ve been accused of theft or robbery in York County, Newport News, and Hampton, call (757) 206-2291 to discuss your case with Attorney Chad S. Roberts.
How Our Newport News Theft Defense Lawyer Can Help You
It is important to remember that every theft case is unique. What works in one situation might not work for another. It’s best to discuss your options with an experienced attorney who can give you personalized advice based on the facts of your case. That’s exactly what Sunshine Law Group and our Newport News theft defense lawyer want to do for you.
Depending on the circumstances, we may be able to cast doubt on your intent, prove other mitigating factors led to your alleged actions, block unlawfully acquired evidence, or show that you had permission from the owner. Whatever the case, we can help you tell your story and advocate on your behalf in and out of court.
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