Posts Tagged ‘Crimes’
Double jeopardy doctrine barring trials for same conduct under multiple laws unless each law required proof of fact other did not apply in successive separate trials where no one trial court had jurisdiction over all the crimes charged.
A sex crime is a very serious offense.
The SRIS Law Group Virginia sex crime attorneys can defend you against any type of sex crime charge.
Our Virginia sex crime lawyers have the experience to defend you against any type of sex crime charge.
Contact a SRIS Law Group Virginia sex crime lawyer in Virginia.
SHOPLIFTING LAWS VIRGINIA PUNISHMENT
Shoplifting is a crime of moral turpitude. If you are charged with shoplifting in Virginia, the punishment can be very severe. Most Virginia judges impose very tough punishments on those who shoplift.
If you are facing a shoplifting charge in Virginia, it is critical to obtain the help of experienced criminal shoplifting defense lawyer.
The SRIS Law Group Virginia shoplifting defense lawyers have defended numerous individuals charged with shoplifting in Virginia:
- Concealing or taking merchandise, altering price tags, etc.
- Petit Larcey Third or Subsequent Offense
- Manufacture, sale, etc. of devices to shield against electronic detection of shoplifting
The following are the different Virginia laws pertaining to some frequently prosecuted shoplifting crimes in Virginia:
- Concealing or taking possession of merchandise, altering price tags, transferring goods from one container to another (Va. Code §18.2-103). In Virginia, if a person has the intention of converting goods or merchandise to his own use and: (i) willfully conceals or takes possession of the goods or merchandise of any store, 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 these acts, the person will he guilty of larceny. If the value of goods involved in the offense is $200 or more, the offense is a felony. It is important to note that the merchandise does not need to be taken out of the store to commit this crme.
- Petit Larceny Third or Subsequent Offense (Va. Code §18.2-104). When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny, and he or she has previously been convicted or two or more larceny crimes, he shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500). Petit Larceny Second or Subsequent offense is punishable up to 12 months in jail and a fine of up to $2,500 with a minimum sentence of 30 days. Note: crimes such as credit card theft and false pretenses count as prior offenses because they are punished as larceny.
- Manufacture, sale, etc., of devices to shield against electronic detection of shoplifting (Va. Code §18.2-105.2). It is unlawful for any person to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise. A violation of this section is punishable as a Class 1 misdemeanor.
If you have been charged with any of the above Virginia shoplifting crimes, do not wait.
Contact a SRIS Law Group Virginia shoplifting defense attorney immediately for help.
We have offices in Fairfax, Richmond, Virginia Beach, Fredericksburg, Prince William & Lynchburg.
VIRGINIA LAWS – PUNISHMENT FOR LARCENY
Larceny is a crime of moral turpitude. If you are charged with larceny in Virginia, the punishment can be very severe. Most Virginia judges impose very tough punishments on those who steal, buy and sell stolen goods, assist with the theft of sale of stolen goods, etc.
If you are facing a larceny charge in Virginia, it is critical to obtain the help of experienced criminal larceny defense lawyer.
The SRIS Law Group Virginia larceny defense lawyers have defended numerous individuals charged with the following types of of theft crimes in Virginia:
- Larceny of bank notes, checks, etc.
- Unauthorized use of a vehicle
- Concealing or taking merchandise, altering price tags, etc.
- Petit Larcey Third or Subsequent Offense
- Manufacture, sale, etc. of devices to shield against electronic detection of shoplifting
- Receiving Stolen Goods
- Larceny with intent to sell or distribute; sale of stolen property
- Receipt of stolen firearm
- Receipt or transfer of possession of stolen vehicle
The following are the different Virginia laws pertaining to some frequently prosecuted larceny offenses in Virginia:
- Larceny of bank notes, checks, etc., or any book of accounts (Va. Code §18.2-98). If any person in Virginia steals any bank note, check, or other writing or paper of value, or any book of accounts, for or concerning money or goods due or to be delivered, he shall be deemed guilty of larceny, and receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods.
- Unauthorized use of a vehicle, animal, aircraft, or boat (Va. Code §18.2-102). Any person who takes, drives, or uses any animal, aircraft, vehicle, boat, or vessel, that is not his own, without the consent of the owner and in the absence of the owner, and with intent temporarily to deprive the owner of his possession, without intent to steal, shall be guilty of a Class 6 felony (up to 5 years in jail and a fine of up to $2,500) if the value of such animal, aircraft, vehicle, boat or vessel is $200 or more. If the value is less than $200, the person shall be guilty of a Class 1 misdemeanor (up to 12 months in jail and a fine of up to $2,500).
- Concealing or taking possession of merchandise, altering price tags, transferring goods from one container to another (Va. Code §18.2-103). In Virginia, if a person has the intention of converting goods or merchandise to his own use and: (i) willfully conceals or takes possession of the goods or merchandise of any store, 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 these acts, the person will he guilty of larceny. If the value of goods involved in the offense is $200 or more, the offense is a felony. It is important to note that the merchandise does not need to be taken out of the store to commit this crme.
- Petit Larceny Third or Subsequent Offense (Va. Code §18.2-104). When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny, and he or she has previously been convicted or two or more larceny crimes, he shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500). Petit Larceny Second or Subsequent offense is punishable up to 12 months in jail and a fine of up to $2,500 with a minimum sentence of 30 days. Note: crimes such as credit card theft and false pretenses count as prior offenses because they are punished as larceny.
- Manufacture, sale, etc., of devices to shield against electronic detection of shoplifting (Va. Code §18.2-105.2). It is unlawful for any person to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise. A violation of this section is punishable as a Class 1 misdemeanor.
- Receiving stolen goods (Va. Code §18.2-108). If any person buys or receives, or aid in concealing, any stolen goods or other thing, knowing the items to have been stolen, he shall be guilty of larceny.
- Larceny with intent to sell or distribute; sale of stolen property (Va. Code §18.2-108.01). Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in prison for not less than two years nor more than 20 years. Also, person who sells, attempts to sell, or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony (maximum penalty of 10 years in prison and a $2,500 fine).
- Receipt of stolen firearm (Va. Code §18.2-108.1). Any person who buys or receives a firearm from another person or aids in concealing a firearm, knowing that the firearm was stolen, shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500).
- Receipt or transfer of possession of stolen vehicle, aircraft or boat (Va. Code §18.2-109). It is illegal for any person who, with intent to procure or pass title to a vehicle, aircraft, boat or vessel, which he knows or has reason to believe has been stolen, to receive or transfer possession of such vehicle, aircraft, boat or vessel. A violation of this law is a Class 6 felony (punishable by up to 5 years in prison and a fine of up to $2,500).
If you have been charged with any of the above, do not wait.
Contact a SRIS Law Group Virginia larceny defense attorney immediately for help.
We have offices in Fairfax, Richmond, Virginia Beach, Fredericksburg, Prince William & Lynchburg.
MASSACHUSETTS LAWYERS, MARYLAND ATTORNEYS & VIRGINIA LAWYERS DEFENDING BURGLARY CHARGES
BURGLARY
In Virginia, Maryland and Massachusetts, burglary is usually defined as a crime of theft, typically involving intentionally breaking into a house, building or other structure (such as a motor vehicle, boat, or aircraft) to commit a felony.
Burglary can also be defined as “breaking and entering” – which is the term used in Maryland.
Lawful break-in of property is permitted. For instance, breaking into a home to save life and limb would not be considered a crime, nor would lawfully evicting tenants or constitutional searches and seizures by police.
Under statute, it stands to reason that a person cannot usually be convicted of burglary if the building or structure and property therein belongs to them.
Theft, Trespassing and Burglary
In Virginia, Maryland and Massachusetts theft is not absolutely required to be convicted of burglary. Trespassing, or unlawfully entering a building or automobile with the intent to commit any felony can constitute a burglary.
In fact, a person may also be convicted of burglary in crimes such as identity theft or violating another’s civil rights. The theft may be intangible, but it can be a felony nonetheless.
In Virginia, Maryland and Massachusetts the act of burglary is separate from any actual theft involved with the offense. Thus, if the defendant’s actions of entering a building are not considered a felony, any subsequent theft may be classified under a lesser charge – such as a misdemeanor petite larceny. It’s in situations like these a skilled and savvy defense attorney may well spell the difference between probation and serving serious jail time.
SRIS PC – The Right Lawyers
If you’ve been arrested in Virginia, Maryland and Massachusetts for burglary or breaking and entering, the first and most important thing to do is finding the right lawyer skilled and experienced in these particular aspects of criminal defense.
At SRIS, P.C. each of our lawyers has a proven history of success at defending their clients in these serious situations. When you need an attorney with specific experience in handling burglary cases in Virginia, Maryland and Massachusetts, you’ll get an attorney who knows the ins and outs of the specific statutes in these respective states.
Our firm has case specific attorneys in Virginia, Maryland & Massachusetts – all committed to providing the best defense for people accused of serious felonies such as burglary and breaking and entering.
If you wish to learn more about the laws pertaining to burglary in the following states, please click on the state:
A highly qualified Massachusetts burglary defense lawyer, Maryland burglary defense attorney or Virginia burglary defense attorney is just a toll-free phone call away or you can contact us on line.
MASSACHUSETTS LARCENY DEFENSE, MARYLAND THEFT DEFENSE & VIRGINIA THEFT DEFENSE ATTORNEYS
DEFENDING LARCENY/THEFT/ SHOPLIFTING/EMBEZZLEMENT/CREDIT CARD FRAUD CHARGES
in Virginia, Maryland, D.C. & Massachusetts
Larceny, commonly referred to as theft is the taking of anything that has value without the consent of the owner. To be convicted of theft/larceny in Virginia, Maryland or Massachusetts, the taking must be coupled with the intent to permanently deprive the owner of the property. In most states, the law defines larceny as either grand larceny or petty larceny. The term grand larceny vs. petty larceny is used to identify the minimum threshold value of the item stolen in Virginia, Maryland & Massachusetts. If a person is accused of shoplifting in Virginia, shoplifting in Maryland or shoplifting in Massachusetts, the person can be charged with either grand larceny or petty larceny in Virginia, Maryland & Massachusetts. The value of the stolen property will determine whether the person will be charged with grand larceny or petty larceny in Virginia, Maryland & Massachusetts. Some states still spell petty larceny as petit larceny. In some states, such as Virginia, the minimum threshold for a person to be charged for grand larceny is only $200. A grand larceny in Virginia is treated as a felony.
In Virginia, Maryland & Massachusetts, embezzlement is theft of assets by a person who is in a position of trust over the assets that are alleged to have been stolen. Again, like shoplifting, whether a person is charged with grand larceny embezzlement vs. petty larceny embezzlement is determined by the value of the assets that are stolen. Most crimes of embezzlement in Virginia, embezzlement in Maryland & embezzlement in Massachusetts usually arise from an employment environment.
Credit Card fraud in Virginia, Credit Card fraud in Maryland & credit card fraud in Massachusetts are becoming very serious crimes as people used credit cards more and more. Credit card fraud occurs when a person fraudulently obtain, takes, signs, uses, sells, buys or forges someone else’s credit or debit card or their card information. Another form of credit card fraud is selling something to someone knowing that the credit card being used to pay for the item or services is illegally obtained or being used without authorization. Each time a credit card or debit card transaction occurs without authorization of the real owner can constitute as a new criminal act in Virginia, Maryland & Massachusetts. Thus, if an illegally obtained credit card is used for five different transactions, each transaction is criminal act. Therefore, each of five transactions can result in a separate charge. Due to the high rate of credit card fraud at the present time, unlike other type of theft crimes, in most states, regardless of the value of the transaction, each transaction is usually classified as a felony.
If you wish to speak with a Maryland larceny defense lawyer, Massachusetts larceny defense lawyer & Virginia criminal larceny defense attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.
The Law Offices of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.
Our offices in Virginia are located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
Our offices in Maryland are located in Rockville & Baltimore.
Our office in Massachusetts is located in Boston.
If you wish to view some of the laws that pertain to being accused of committing a larceny in Virginia, larceny in Maryland and larceny in Massachusetts, please click on the following links:
Virginia Larceny Defense
Maryland Larceny Defense
Massachusetts Larceny Defense
To better serve you, we have offices in Virginia, Maryland and Massachusetts. Please click on the link to view our different office locations.
If you wish to speak with a Virginia larceny defense attorney, Maryland larceny defense attorney & Massachusetts larceny defense attorney please call us at 888-437-7747, email us or contact us via our fast on line form.
Our Maryland, Massachusetts & Virginia attorneys who provide larceny defense and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our attorneys are licensed to handle larceny/embezzlement/shoplifting/credit card fraud in Virginia, larceny/embezzlement/shoplifting/credit card fraud in Maryland, larceny/embezzlement/shoplifting/credit card fraud in D.C. & larceny/embezzlement/shoplifting/credit card fraud in Massachusetts, however we handle larceny/embezzlement/shoplifting/credit card fraud only in Virginia, Maryland & Massachusetts at the present time.
Please click on attorneys to learn more about the criminal defense lawyers who assist clients with larceny/embezzlement/shoplifting/credit card fraud offenses in Virginia, Maryland or Massachusetts.
MASSACHUSETTS LARCENY DEFENSE, MARYLAND THEFT DEFENSE & VIRGINIA THEFT DEFENSE ATTORNEYS
DEFENDING LARCENY/THEFT/ SHOPLIFTING/EMBEZZLEMENT/CREDIT CARD FRAUD CHARGES
in Virginia, Maryland, D.C. & Massachusetts
Larceny, commonly referred to as theft is the taking of anything that has value without the consent of the owner. To be convicted of theft/larceny in Virginia, Maryland or Massachusetts, the taking must be coupled with the intent to permanently deprive the owner of the property. In most states, the law defines larceny as either grand larceny or petty larceny. The term grand larceny vs. petty larceny is used to identify the minimum threshold value of the item stolen in Virginia, Maryland & Massachusetts. If a person is accused of shoplifting in Virginia, shoplifting in Maryland or shoplifting in Massachusetts, the person can be charged with either grand larceny or petty larceny in Virginia, Maryland & Massachusetts. The value of the stolen property will determine whether the person will be charged with grand larceny or petty larceny in Virginia, Maryland & Massachusetts. Some states still spell petty larceny as petit larceny. In some states, such as Virginia, the minimum threshold for a person to be charged for grand larceny is only $200. A grand larceny in Virginia is treated as a felony.
In Virginia, Maryland & Massachusetts, embezzlement is theft of assets by a person who is in a position of trust over the assets that are alleged to have been stolen. Again, like shoplifting, whether a person is charged with grand larceny embezzlement vs. petty larceny embezzlement is determined by the value of the assets that are stolen. Most crimes of embezzlement in Virginia, embezzlement in Maryland & embezzlement in Massachusetts usually arise from an employment environment.
Credit Card fraud in Virginia, Credit Card fraud in Maryland & credit card fraud in Massachusetts are becoming very serious crimes as people used credit cards more and more. Credit card fraud occurs when a person fraudulently obtain, takes, signs, uses, sells, buys or forges someone else’s credit or debit card or their card information. Another form of credit card fraud is selling something to someone knowing that the credit card being used to pay for the item or services is illegally obtained or being used without authorization. Each time a credit card or debit card transaction occurs without authorization of the real owner can constitute as a new criminal act in Virginia, Maryland & Massachusetts. Thus, if an illegally obtained credit card is used for five different transactions, each transaction is criminal act. Therefore, each of five transactions can result in a separate charge. Due to the high rate of credit card fraud at the present time, unlike other type of theft crimes, in most states, regardless of the value of the transaction, each transaction is usually classified as a felony.
If you wish to speak with a Maryland larceny defense lawyer, Massachusetts larceny defense lawyer & Virginia criminal larceny defense attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.
The Law Offices of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.
Our offices in Virginia are located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
Our offices in Maryland are located in Rockville & Baltimore.
Our office in Massachusetts is located in Boston.
If you wish to view some of the laws that pertain to being accused of committing a larceny in Virginia, larceny in Maryland and larceny in Massachusetts, please click on the following links:
Virginia Larceny Defense
Maryland Larceny Defense
Massachusetts Larceny Defense
To better serve you, we have offices in Virginia, Maryland and Massachusetts. Please click on the link to view our different office locations.
If you wish to speak with a Virginia larceny defense attorney, Maryland larceny defense attorney & Massachusetts larceny defense attorney please call us at 888-437-7747, email us or contact us via our fast on line form.
Our Maryland, Massachusetts & Virginia attorneys who provide larceny defense and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our attorneys are licensed to handle larceny/embezzlement/shoplifting/credit card fraud in Virginia, larceny/embezzlement/shoplifting/credit card fraud in Maryland, larceny/embezzlement/shoplifting/credit card fraud in D.C. & larceny/embezzlement/shoplifting/credit card fraud in Massachusetts, however we handle larceny/embezzlement/shoplifting/credit card fraud only in Virginia, Maryland & Massachusetts at the present time.
Please click on attorneys to learn more about the criminal defense lawyers who assist clients with larceny/embezzlement/shoplifting/credit card fraud offenses in Virginia, Maryland or Massachusetts.
MASSACHUSETTS LAWYERS, MARYLAND ATTORNEYS & VIRGINIA LAWYERS DEFENDING BURGLARY CHARGES
BURGLARY
In Virginia, Maryland and Massachusetts, burglary is usually defined as a crime of theft, typically involving intentionally breaking into a house, building or other structure (such as a motor vehicle, boat, or aircraft) to commit a felony.
Burglary can also be defined as “breaking and entering” – which is the term used in Maryland.
Lawful break-in of property is permitted. For instance, breaking into a home to save life and limb would not be considered a crime, nor would lawfully evicting tenants or constitutional searches and seizures by police.
Under statute, it stands to reason that a person cannot usually be convicted of burglary if the building or structure and property therein belongs to them.
Theft, Trespassing and Burglary
In Virginia, Maryland and Massachusetts theft is not absolutely required to be convicted of burglary. Trespassing, or unlawfully entering a building or automobile with the intent to commit any felony can constitute a burglary.
In fact, a person may also be convicted of burglary in crimes such as identity theft or violating another’s civil rights. The theft may be intangible, but it can be a felony nonetheless.
In Virginia, Maryland and Massachusetts the act of burglary is separate from any actual theft involved with the offense. Thus, if the defendant’s actions of entering a building are not considered a felony, any subsequent theft may be classified under a lesser charge – such as a misdemeanor petite larceny. It’s in situations like these a skilled and savvy defense attorney may well spell the difference between probation and serving serious jail time.
SRIS PC – The Right Lawyers
If you’ve been arrested in Virginia, Maryland and Massachusetts for burglary or breaking and entering, the first and most important thing to do is finding the right lawyer skilled and experienced in these particular aspects of criminal defense.
At SRIS, P.C. each of our lawyers has a proven history of success at defending their clients in these serious situations. When you need an attorney with specific experience in handling burglary cases in Virginia, Maryland and Massachusetts, you’ll get an attorney who knows the ins and outs of the specific statutes in these respective states.
Our firm has case specific attorneys in Virginia, Maryland & Massachusetts – all committed to providing the best defense for people accused of serious felonies such as burglary and breaking and entering.
If you wish to learn more about the laws pertaining to burglary in the following states, please click on the state:
A highly qualified Massachusetts burglary defense lawyer, Maryland burglary defense attorney or Virginia burglary defense attorney is just a toll-free phone call away or you can contact us on line.
What Is A Class 5 Felony In Virginia?
A Class 5 felony in Virginia is a very serious charge. The maximum punishment for a class 5 felony in Virginia is a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
There are many different crimes in Virginia that are classified as class 5 felonies in Virginia.
If you are facing a class 5 felony or any other class of felony in Virginia, contact the SRIS Law Group Virginia attorneys for help.
Our Virginia lawyers have helped many clients facing a felony in Virginia.
Contact us at 888-437-7747.
Keep in mind that any kind of felony in Virginia has severe consequences. There are six classes of felonies in Virginia.
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Class 1 felony
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Class 2 felony
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Class 3 felony
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Class 4 felony
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Class 6 felony
Virginia State Law 18.2-10 states the different penalties for a felony in Virginia.
VA Code § 18.2-10. Punishment for conviction of felony; penalty
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.
For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
