Fairfax Felony Theft Lawyer 

A Fairfax felony theft lawyer is knowledgeable on larceny. In Fairfax, theft is defined as larceny, which is the taking the property from a person or their presence with the intent to permanently deprive. There are two categories for larceny: one is petty larceny and then grand larceny. Felony theft involves grand larceny and grand larceny is the taking of property from the person of another, or money or other things of $5 or more. A value of $200 or more is a felony when it is not on a person’s body.

There are two scenarios where a person can get a grand larceny, the first one is the taking of property from one’s person and the value is $5 or more or committing simple larceny, which is the taking of property but not from the person’s body over the value of $200. A person can easily get there because $200 is not a large sum of money. Consult with an experienced theft lawyer for more information.

Element of Theft

The element of theft has to be present. There has to be a taking of property, and it has to be from the person’s presence or from the person. There should also be proof of the value. There also has to be mens rea, the mens rea for theft crime is the intent to permanently deprive the person of the property. Borrowing something would not constitute larceny or grand larceny in Virginia. If a person has the intent to have the property for a short period of time, they cannot be found guilty of larceny. For more on the elements of theft, talk to a professional Fairfax felony theft lawyer.

Grand Larceny vs. Misdemeanor Theft

Larceny is a Class 1 misdemeanor. Felony theft is a felony that is punished under the different class sections of a felony in Fairfax. Grand larceny is upgraded from a misdemeanor to a felony so it is charged differently. Petty larceny can be charged as a felony if there is a third conviction of petty larceny. In this situation, it is automatically charged as a felony even though the monetary value may not add up, but it will still be charged as grand larceny if it is a third charge for the person.

Penalties for Grand Larceny vs. Misdemeanor Theft

Petty larceny, which is a Class 1 misdemeanor, is punished by up 12 months in jail and up to $2,500 in fines. For grand larceny, a person can face time in jail for up to 12 months and a fine not to exceed $2,500. A Fairfax felony theft lawyer can answer more questions about penalties.

Aggravation of Misdemeanor Theft to Felony

The first instance of aggravation would involve how grand larceny is defined. For a felony, the charge is based on the value of the item. For a grand larceny that is taking of property of more than five dollars from the person and $200 not from a person or up to $200 not from the person’s presence. If the value of the item exceeds the $200 amount, it is grand larceny, which is a felony.

The second way to get an aggravated charge is through prior convictions. If the situation is a person’s third charge, it is automatically punished as a felony theft charge. Even though the monetary value does not add up because of the previous convictions, this becomes a felony. Instead of proving the money values, they would have to prove the prior conviction by bringing a record of those convictions.

The Commonwealth’s attorney would have to prove the taking of property, they would have to prove that items stolen were from a person’s presence, they would have to prove the intent to permanently deprive, and then instead of the value of the item, they would have to prove a prior conviction for the defendant.