Virginia Felonies Fairfax Richmond Manassas Beach Lynchburg Fredericksburg
Virginia Felonies
Felonies are typically the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that any crime that has a sentence of only a fine or confinement in the local jail is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a “gross” or “aggravated” misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as a felony in many respects.
If a crime is a felony, additional criminal procedures apply. The right to a court-appointed attorney in cases where the defendant is too poor to afford to hire a lawyer is usually triggered if the charge is a felony, but not for less-serious crimes. Likewise, whether or not a criminal defendant must be present in court for various parts of the process may depend on whether he or she is charged with a felony. In some jurisdictions, felonies can only be charged upon a grand jury indictment, while lesser crimes can be charged by a written information. Criminal defendants and witnesses can have their testimony disregarded in some jurisdictions by showing a prior conviction for a felony but not for a lesser crime. Finally, many jurisdictions base their “three strikes” laws on felonies but not Misdemeanors. If the offender has been twice convicted of a felony, one more felony conviction will subject him to life in prison.
In addition to differences in procedural criminal law, the substantive law can be affected if a crime is designated a felony. Some statutes make an accidental death a murder if it occurs in the commission of a felony, but if it occurs in the commission of a lesser crime, it is only manslaughter. Burglary is defined at common law as breaking and entering a house for the purpose of committing a felony; if the purpose was not to commit a felony the crime cannot be charged as burglary. The crime of conspiracy may carry a harsher penalty if the offense is conspiracy to commit a felony rather than conspiracy to commit a misdemeanor. Justifiable homicide is sometimes described as a killing to prevent the commission of a felony, although more commonly it is limited to prevention of certain of the most serious felonies.
A person convicted of a felony may have more restrictions on their rights than a person convicted of a lesser crime. In many jurisdictions, felons cannot serve on juries. Often times they lose their right to vote or to practice certain professions, such as being a lawyer or a teacher. Felons may be prohibited from owning guns or serving in the military. Some states have a “three strikes, you’re out” statute which provides that a person who already has been convicted of two felonies may be sentenced to life in prison if he or she is convicted of a third felony.
Examples of some felonies are assault in the first degree or assault that causes serious bodily injury, all degrees of murder, rape or sexual abuse in the first degree, grand theft, kidnapping, embezzlement of large amounts of money, serious drug crimes, and racketeering.
Quiz: Do I Have The Right to an Attorney?
Anyone who has ever watched a police drama on television, or has gone to a police movie at the theaters, has heard the infamous line “you have the right to an attorney.” And in fact people suspected of a crime are often entitled to an attorney. However, that right does not always exist. The following quiz may help answer the question of when you are entitled to have an attorney present.
Q: Jake is stopped by the police while driving his car. The officer tells him that he is going to write him a speeding ticket and Jake says, “wait a minute! I want a lawyer!” Does he have a right to an attorney at that point?
A: No. Jake does not have a right to an attorney when he is receiving a speeding ticket. Speeding, while against the law, is considered a moving violation. Jake cannot request an attorney to defend him at this stage. Of course, he can protest the ticket and can pay to have an attorney represent him through that process if he wishes.
Q: Bonnie has been suspected of murdering her husband. She has been arrested and brought to the police station where she has been placed in an interrogation room and handcuffed to the table. The police have started to ask her a number of different questions about her whereabouts on the night of her husband’s death and have asked her if she in fact murdered him. Does she have the right to have an attorney present?
A: Bonnie has been arrested for murder, and she is in police custody and under questioning for the crime. She is in a situation where she is not free to leave, or walk out on the questioning. If she asks for an attorney, she must be allowed to contact one and the questioning must stop until her attorney is present.
Q: Lee is shopping in a grocery store when he is approached by the police. They start to ask him questions about whether he has just left the scene of a car accident in which another motorist was killed. Does Lee have the right to an attorney?
A: Not immediately. Lee, like Bonnie, is being questioned about a crime. However, he is not being confined. He can walk away from the police at any time and can refuse to answer any more questions. If the police place him under arrest, or if they place him in a confined situation, he may request an attorney to assist him.
Q: Miguel is brought in for questioning by the police about a string of robberies in his town. He asks to speak to an attorney, and is allowed to contact one. The attorney is present for the remainder of the questioning. After his attorney leaves, Miguel is placed in a holding cell where he waits for five hours. The police then bring him back into the interrogation room and start asking him more questions. Miguel asks for his attorney to return, and the police tell him, “sorry, you already had your chance with your attorney.” Is Miguel entitled to have his attorney present at this second questioning?
A: Yes. Miguel has a right to have his attorney present at any time that he is being questioned. It is not a “one-shot” deal as the police have told him. All people in police custody who are under suspicion of a crime are entitled to have an attorney present any time that they are being questioned by the police.
Q: Jim is traveling in a foreign country and has been arrested for using illegal drugs. Does he have the right to an attorney?
A: It depends on the laws of that country. In some foreign countries, criminal suspects, or those persons placed under arrest, have the right to an attorney much as they would in the United States. In other countries, they may not have that same right. Jim’s status as a U.S. citizen will not necessarily protect him. If possible, he should attempt to contact the U.S. Embassy or the U.S. Consular Officer for that country. While a Consular Officer cannot act as his attorney, he or she will be able to help him contact an attorney or his family in the United States.
Q: Al is a homeless man living on the streets of a large U.S. city. He is arrested one day for killing another homeless person. He has confessed to the crime and is being held in jail, because he cannot afford bail. He cannot afford an attorney, either. Is he entitled to one?
A: Yes. People have the right to an attorney, even if they cannot afford one. In this situation, the state will appoint a public defender to represent Al in his criminal trial. Even though Al has already confessed to the crime, he is still entitled to an attorney.
Q: Martina is a millionaire who has been arrested on suspicion of kidnapping her child, who normally lives with her ex-husband. The police have told her that the only attorney she may have is a public defender. Is Martina entitled to her own attorney?
A: Yes Martina can afford to pay for her own attorney, and she has requested her own attorney. In this type of situation, the police cannot force her to accept the services of the public defender.
Q: Justin has been arrested for making terroristic threats against the U.S. government. He wants to represent himself, but there is a valid concern that he is not sane. Does he have to have an attorney?
A: Justin can be allowed to represent himself. Attorneys or other legal assistants cannot be forced upon anyone. When defendants may not appreciate the charges that have been brought against them, or where they may not be able to adequately defend themselves due to their diminished mental or rational capacities, the court may appoint an attorney to act as their legal advisor.
Larceny Theft Virginia Shoplifting Embezzlement Fairfax Manassas Beach Richmond Lynchburg Fredericksburg
VIRGINIA THEFT & LARCENY LAWS
MISDEMEANOR AND FELONY CASES
IN STATE AND FEDERAL COURTS
Virginia Theft/Larceny Defense Lawyers – Former Prosecutors & Former Law Enforcement
If you are being charged with a Virginia theft offense, you need an experienced Virginia theft/larceny defense lawyer to defend you. The SRIS, P.C. Virginia theft/larceny defense lawyers are former federal & Virginia state prosecutors & former Virginia law enforcement who defend clients charged with theft crimes in Virginia state courts or Virginia federal courts.
In Virginia, a theft/larceny crime can be either charged as a misdemeanor or a felony. AVirginia petty larceny (petit larceny) is a class 1 misdemeanor. Virginia grand larceny, Virginia credit card theft, Virginia embezzlement, etc felonies.
The SRIS, P.C. Virginia theft crimes defense lawyers know how to defend you because they have been on the “other side” and know what steps the prosecutor will take to convict you of a theft/larceny offense in Virginia. Also, our theft crimes defense lawyers know what the differentVirginia theft/larceny laws require to make a conviction stick. Do not face a Virginia theft/larceny charge without the benefit of an experienced Virginia larceny/theft defense attorney. A conviction of a theft/larceny charge can affect your security clearance, your job, your immigration status, etc. A conviction for any type of theft crime or crime of larceny is deemed to be a conviction of moral turpitude. Moral turpitude is any act that consists of lying, cheating or stealing. For example,an employee (even a 1099 contractor) who steals business from the company he/she works for can be charged with theft. Larceny does not have to be only theft of money. Larceny is theft of anything that has value.
Just because you have been charged with a theft/larceny charge in Virginia (even if they found the stolen goods on you), do not assume that you are guilty as charged. The Virginia theft/larceny laws require the prosecutor to prove certain facts to secure a Virginia larceny conviction. Not all Virginia theft/larceny defense lawyers know and understand the possible defenses to a larceny case. An experienced Virginia larceny defense lawyer will know what motions to file to properly defend you.
Some of the different Virginia theft/larceny charges are:
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Petit larceny, also called petty larceny
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Grand larceny
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Shoplifting
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Robbery/Burglary
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Auto theft/Carjacking
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Embezzlement
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Obtain Money or Goods By Falese Pretense
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Credit card fraud
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Recieve Stolen Goods
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Writing Bad Checks
Petit larceny (a.k.a petty larceny) is a CLASS 1 MISDEMEANOR in Virginia. The maximum penalty for a class 1 misdemeanor in Virginia is 1 year in jail and/or a $2500 fine. Petty larceny (petit larceny) in Virginia can be something as simple as grabbing a five ($5) dollar bill from a person’s hand without their permission. Also, theft of goods or property in Virginia, having a value of less than two hundred ($200) from the owner can result in a conviction for petit larceny (petty larceny).
Any allegation of theft of goods worth two hundred dollars ($200) or more will result in being charged with grand larceny in Virginia. You can also be charged with grand larceny in Virginia, if you are accused of grabbing more than five dollars from the owner’s hand without their permission. Grand larceny is a very serious criminal theft charge in Virginia. The maximum penalty for a conviction of grand larceny in Virginia, is twenty years in jail. In our experience, Virginia juries do like thieves and are not lenient when it comes to handing out sentences for serious theft crimes such as grand larceny charges in Virginia, embezzlement in Virginia, receiving stolen goods in Virginia, writing bad checks in Virginia, shoplifting in Virginia, credit card fraud in Virginia, etc.
Virginia courts take shoplifting very seriously. A lot of people do not realize that shoplifting in Virginia is prosecuted very aggressively by Virginia prosecutors. You can be charged with shoplifting for something as simple as forgetting to pay for something and walking out of the store. Almost every store in Virginia has a loss prevention department dedicated to catching people for shoplifting. Some stores, even give bonuses to loss prevention departments based on the number of successful shoplifting busts. Regardless of the circumstances surrounding a Virginia shoplifting charge, you are facing a Virginia petit larceny (petty larceny) or Virginia grand larceny charge and you need the best defense lawyer possible to defend you.
Do not take any type of theft charged lightly, because a larceny conviction will follow you for the rest of your life.
The following are some of Virginia theft/larceny laws in Virginia:
Petit Larceny (petty larceny) is defined by Virginia State Law 18.2-96. Virginia Code Section 18.2-96 also states how a person convicted of petit larceny in Virginia will be punished.
Virginia Code Section 18.2-96 states that
Any person in Virginia, who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
Grand larceny is defined by Virginia State Law 18.2-95. Virginia Code Section 18.2-95 also states how a person convicted of grand larceny in Virginia will be punished.
Virginia Code Section 18.2-95 states that
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm’s value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
Shoplifting is defined by Virginia State Law 18.2-103.
Virginia Code Section 18.2-103 – Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.
Whoever, without authority, with the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise. Embezzlement
Embezzlement is defined by Virginia State Law 18.2-111.
Virginia Code Section 18.2-111 – Embezzlement deemed larceny; indictment.
If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.
Our Virginia theft/larceny attorneys provide legal representation to clients all throughout Virginia including but not limited to:
Manassas City, VA, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, VA, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, VA, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City, Eastern & Western District of Virginia Federal Courts, Alexandria Federal Court, Richmond Federal Court, Virginia Beach Federal Court, Newport News Federal Court, Roanoke Federal Court, Abingdon Federal Court.
Our Virginia theft/larceny lawyers and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
Virginia Criminal Law
| Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can “beat the system” on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.
Sixty-eight percent of those convicted of a felony in 2000 were sentenced to incarceration. That’s over two-thirds. If you want to reduce the chances that you’ll go to jail, a skilled and knowledgeable criminal defense attorney is your best ally. State courts convicted about 925,000 adults of a felony in the year 2000. If you have been charged with a felony, do not delay in seeking the help of an experienced criminal defense lawyer. Felons sentenced to prison in 2000 received an average sentence of four and one-half years. To give yourself the best chance at avoiding or minimizing a prison sentence, contact an experienced criminal defense attorney as soon as you are questioned about or accused of a crime. |
SRIS, P.C., has extensive experience as a Virginia criminal defense law firm.
At SRIS, P.C., our Virginia criminal and Virginia sex offense lawyers have solid experience defending the rights of clients suspected of criminal activity as well as those arrested and formally charged with Virginia felony and Virginia misdemeanor crimes. We also have experience handling arraignments, preliminary hearings, suppression motions, jury trials and post-trial proceedings.
The Virginia criminal attorneys at SRIS, P.C., give our clients prompt, personal service with experienced, qualified attorneys. We give you the attention you expect and deserve.
For more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.
Criminal Defense – An Overview
Criminal law deals with “public” wrongs as opposed to disputes between individuals. Governmental bodies, including the federal government, states, and cities, define and prosecute crimes from traffic violations to felonies like rape and murder. The lawyers who represent the governmental bodies in pursuing charges against an individual are called the prosecutors. The lawyers who represent the persons charged with a crime, or the defendants, are called criminal defense attorneys. If you have been charged with a crime, it is essential that you seek legal counsel from an experienced criminal defense attorney at once so that you can preserve your rights and protect your future.
Criminal Defense of Misdemeanors in Virginia
Misdemeanors are less serious crimes, generally punishable by a fine or incarceration in the county jail for less than one year. The prosecutor does not usually convene a grand jury to investigate and charge misdemeanor offenses, although such charges can be generated along with felonies. Most misdemeanors are charged by a written indictment or “information” and, in some jurisdictions, poor defendants are not entitled to a court-appointed lawyer in misdemeanor cases. Nonetheless, a misdemeanor charge-let alone a conviction-can wreak havoc in the accused’s personal life and thus zealous legal representation is critical in misdemeanor cases as in all criminal cases. It’s still critical for an accused to seek help from an experienced criminal defense attorney.
Criminal Defense of Felonies in Virginia
Felonies in Virginia are typically the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that any crime that has a sentence of only a fine or confinement in the local jail for a short period of time is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a “gross” or “aggravated” misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as a felony in many respects. The more serious the crime, the more urgent the immediate need for an experienced criminal defense attorney to guide the accused through the criminal justice process.
Examples of felonies in Virginiainclude assault in the first degree or assault that causes serious bodily injury, all degrees of murder, rape or sexual abuse in the first degree, grand theft, kidnapping, embezzlement of large amounts of money, serious drug crimes, and racketeering.
What to Do if You Are Falsely Accused of a Crime in Virginia?
Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. An innocent party pays the price for something he or she did not do, while the guilty party roams free. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available. Skilled and knowledgeable criminal defense lawyers know their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.
If you need criminal defense lawyer in Virginia in any of the following jurisdictions, please do not hesitate to contact us.
Manassas City, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton, Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City.
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Virginia Traffic Lawyer
