Fraud--Embezzlement-and-Larceny

Shoplifting is a type of larceny as defined by Virginia Code § 18.2-95. Depending on the value of the goods in question, the shoplifting charge will be classified as a petit larceny or grand larceny.

Alternatively, you may be charged with “Concealment”, which is yet another type of larceny as defined by Virginia Code § 18.2-103. Generally speaking, concealment occurs in any one of the following three scenarios:

When you willfully hide merchandise or take merchandise from a store; or

When you alter the price tag(s) on merchandise or move merchandise from one container to a separate container; or

When you assist/help another person hide or take merchandise from a store or when you assist/help another person alter price tag(s) or move merchandise from one container to another.

The “Concealment” statute further states that you don’t have to take the merchandise out of the store in order to prove intent to conceal. Again, depending on the value of the goods in question, the concealment charge will be classified as a petit larceny or grand larceny.

If the value of the goods is less than $200.00, then you will be facing a Class 1 Misdemeanor. The punishment for a Class One Misdemeanor is up to 1 year in jail and/or a $2,500.00 fine.

If the value of the goods is less than $200.00, then you will be facing a Felony charge with a punishment of up to 20 years in jail.

Grand Larceny & Petit Larceny

In order for the Commonwealth of Virginia to successfully prove you are guilty of Grand Larceny, they must prove beyond a reasonable doubt that (1) you took personal property of another person and carried it away, (2) that the taking of the property was against the will and without the consent of the owner, (3) that the taking of the property was with intent to steal, and (4) that the property taken was worth $200 or more.

The exceptions to the $200 value where a person can still be found guilty of grand larceny includes:

If the allegedly stolen property is a firearm, regardless of the firearm's value; or

If the property was taken directly from the person and the value of the property was $5 or more. Of important note here is that the courts have held that "property taken directly from the person" includes not only property in physical contact with the victim, but also property in his possession and immediate custody and control. Further, if force/threat was used to take the property, the charge would be elevated to robbery.

If the prosecution can prove the first three elements (listed above) beyond a reasonable doubt, but not that the property was $200 (or a firearm or taken directly from the person), then the defendant can be found guilty of petit larceny.

A first time offender of grand larceny can be sentenced to up to 20 years in jail with a maximum fine of $2,500. The maximum penalty for petit larceny is 12 months in jail and a maximum fine of $2,500.

Embezzlement

Virginia codifies its embezzlement charge under Virginia Code § 18.2-111, et seq. In order for the Commonwealth of Virginia to successfully prove you are guilty of Embezzlement, they must prove beyond a reasonable doubt that (1) you wrongfully and fraudulently converted, used, concealed or disposed of the property of another with the intent to permanently deprive the rightful owner of the use thereof, (2) the property had been entrusted by someone else to you by virtue of the defendant’s employment, office or position, and (3) the value of the property was $200 or more. If the property's value is less than $200, you can still be convicted of the lesser charge of embezzlement as a misdemeanor.

A first time offender of embezzlement as a felony (property worth $200 or more) can be sentenced to up to 20 years in jail with a maximum fine of $2,500. The maximum penalty for embezzlement as a misdemeanor is 12 months in jail and a maximum fine of $2,500.

Robbery

The Virginia statute, § 18.2-58, sets the penalty for robbery and describes several ways in which it can occur, but does not define the crime. The common law definition most often used in the Virginia cases is “the taking, with the intent to deprive the owner permanently, of personal property, from his person or in his presence, against his will, by violence or intimidation.” Robbery is essentially the mix of larceny and assault. It is punishable by a term of 5 years to life.

While there is no specific Virginia statute for “armed robbery”, § 18.2-53.1 creates a separate, consecutively punished crime for the use of a firearm in the commission of a robbery. Violation of 18.2-53.1 constitutes a separate felony and includes a punishment of a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction.

Burglary

Burglary, Va. Code § 18.2-89, is generally defined as the entering of another person’s home with the intent to commit a crime. Burglary is a class 3 Felony, which is punishable by 5 to 20 years in jail and a fine of up to $100,000.00. If the person being accused of burglary did so with a “deadly weapon”, he will be charged with a Class 2 Felony, which is punishable by 20 years to life in prison and a fine of up to $100,000.00.

Outside of the general Burglary statute, there are several different variations of Burglary, each of which is described in more detail below:

Entering a dwelling house, with intent to commit murder, rape, robbery or arson (Va. Code 18.2-90): If any person at night enters without breaking or during the day breaks and enters or enters and conceals himself in a dwelling house with intent to commit murder, rape, robbery or arson, he shall be deemed guilty of statutory burglary, which is a Class 3 Felony, which is punishable by 5 to 20 years in jail and a fine of up to $100,000.00. However, if the person was armed with a deadly weapon at the time of such entry, he will be guilty of a Class 2 Felony, which is punishable by 20 years to life in prison and a fine of up to $100,000.00.

Breaking and entering dwelling house with intent to commit other misdemeanor (Va. Code 18.2-92): If any person at night enters without breaking or during the day breaks and enters or enters and conceals himself in a dwelling house with intent to commit any misdemeanor (except assault and battery or trespass), he shall be deemed guilty of a Class 6 Felony, which is punishable by 1 to 5 years in jail and a fine of up to $2,500.00. However, if the person was armed with a deadly weapon at the time of such entry, he will be guilty of a Class 2 Felony, which is punishable by 20 years to life in prison and a fine of up to $100,000.00.

Entering bank, armed, with intent to commit larceny (Va. Code 18.2-93): If any person, armed with a deadly weapon, enters any banking house or institution with the intent to commit larceny of money, bonds, notes, or other evidence of debt, he shall be guilty of a Class 2 Felony, which is punishable by 20 years to life in prison and a fine of up to $100,000.00.

Possession of burglarious tools (Va. Code 18.2-94): It is unlawful for any person to have in their possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny. A violation of this law is a Class 5 felony, which is punishable by up to 10 years in jail and a fine of up to $2,500.00.

What if I am charged with a Theft Offense?

If you or someone you know in the Northern Virginia Area has been charged with petit/grand larceny, embezzlement, or any other theft/property crime and needs the representation or legal advice of an experienced lawyer, call Noorishad Law, P.C. today at 703-542-4500, or complete the "schedule an appointment" form to meet with Mr. Noorishad to discuss your particular case.

If one of your friends or family members is currently incarcerated and you need an attorney, please contact our office at 703-542-4500 to be directly connected with an attorney 24 hours a day, 7 days a week, who can immediately assist you with your matter.