Posts Tagged ‘Felony’
The Jaguar driver, Gabriel Poventud, 25, of Woodbridge, was arrested at the scene, Geller said. He and his daughter were not injured. Poventud was charged with child endangerment, attempted homicide, use of a firearm in the commission of a felony, shooting a missile into an occupied vehicle and reckless use of a firearm
It is very important to have the best criminal defense possible when facing a criminal charge.
The SRIS Law Group Virginia criminal defense attorneys can defend you against any type of criminal charge.
Our Virginia criminal defense lawyers have the experience to defend you against any type of criminal charge.
Contact a SRIS Law Group Virginia criminal defense lawyer in Virginia.
Two prior convictions for driving under the influence, violating local ordinances instead of state statute, could be used to elevate a current DUI charge to a felonious third offense. Thus, defendant’s motion to dismiss the indictment was denied.
A DUI offense is a very serious crime.
The SRIS Law Group Virginia DUI attorneys can defend you against any type of DUI charge.
Our Virginia DUI lawyers have the experience to defend you against any type of DUI charge.
Contact a SRIS Law Group Virginia DUI lawyer in Virginia.
The ABCs of Licensure:
Navigating the Virginia Alcoholic Beverage Control Board
This is not the ABCs of your childhood. Navigating the Virginia Department of Alcoholic Beverage Control (ABC) is not a simplistic process. It is very easy to run afoul of the Virginia ABC licensing process and be charged with a Virginia ABC violation.
The multi-part application and interview process is intensive and requires thorough disclosure of many facets of your life and lives of all of the shareholders, officers, and directors of your corporation.
Every step of the Virginia ABC licensure process—for beer and wine or liquor sales on premises—requires a mountain of paperwork. And, if you’re not careful, then you could find yourself looking at a felony criminal charge in Virginia for non-disclosure or falsified information.
For example, did you know you need to disclose every moving violation for each stakeholder in the corporation, which includes speeding infractions? You do!
There are special Virginia ABC agents, who have full law enforcement powers—who will be interviewing you as you wade through the application process. Virginia has well-trained ABC agents working for them. You too need competent Virginia ABC legal counselto advocate for you and your business as you look to improve your business opportunities through licensure with ABC.
In these tough economic times, your company needs quality representation to ensure you maximize your corporate potential via Virginia ABC licensing.
If you are applying for your ABC license in Virginia, you can count on the SRIS Law Group Virginia ABC lawyers to guide you through this complex process. The last thing your business needs is you being charged with an Virginia ABC violation.
Contact a SRIS Law Group Virginia ABC attorney for the quality help your business needs to succeed.
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 Shoplifting Laws & Penalties
Shoplifting is defined as a larceny in Virginia. The value of the merchandise will determine if your shoplifting charge is going to be charged as a petit (petty) larceny or grand larceny in Virginia.
If the value of the good stolen is valued at $200 or more, then the person accused of shoplifting is facing a grand larceny charge in Virginia.
If the value of the good stolen is valued less than $200, then the person accused of shoplifting is facing a petit (petty) larceny charge in Virginia.
Shoplifting cases in Virginia are frequently actually charged under the Virginia concealment statute. The concealment statute makes it a larceny to conceal merchandise or alter the price tag of merchandise, in order to take the merchandise.
Virginia Code Section 18.2-103 defines what concealment in Virginia:
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.
The concealment statute enables the Commonwealth of Virginia to prosecute shoplifting cases more easily.
Again, depending on the value of the goods or merchandise in question, your Virginia shoplifting charge could be considered petit (petty) larceny or grand larceny.
Shoplifting Penalties
If you are charged with shoplifting in Virginia, the penalties are very serious and the punishments imposed by the court can be very harsh.
The precise penalty you will face in court depends upon the type of Virginia shoplifting charge you are charged with, the facts of your case, and your prior record.
Petty larceny
• Misdemeanor
• Up to 1 year in jail
• Up to a $2,500 fine
Grand larceny:
• Felony
• Up to 20 years in jail
Defense of Virginia shoplifting by the SRIS Law Group Virginia Shoplifting Defense Lawyers:
There are many different ways to defend a shoplifting charge in Virginia:
- Can the prosecutor prove that you were the one who was actually involved with the shoplifting? Maybe the friend who was with you was the actual perpetrator and you are an innocent bystander.
- Can the prosecution prove that you took the goods with the intent of permanently depriving the owner of the goods?
- What is the actual value of the goods allegedly taken by you?
FIRST TIME OFFENDER DISMISSAL – IT IS A MYTH
Some Virginia lawyers will frequently tell their clients that if you are charged with a petty shoplifting charge and you have a clean record, you may be able to get your shoplifting charge dismissed under the first time offender program some jurisdictions have.
THIS IS A MYTH – Even though you can have your Virginia shoplifting charge dismissed, what you are not told is that it can still come back to haunt you.
Why?
Because, even if the shoplifting charge is dismissed, your criminal record reflects that you received a first time offender treatment because you have to enter a plea of guilty to get this treatment.
This can still result in loss of your security clearance and it also may have immigration consequences depending on your immigration status.
So please keep this in mind when some inexperienced lawyers tell you that a first offender disposition can be a great way to prevent a misdemeanor from tarnishing your clean record.
Lastly, some jurisdictions like Prince William County do not have first time offender treatment option for shoplifting.
The Prince William County judges impose a 2 day jail sentence for even the first offense of shoplifting in Prince William County, Virginia.
VIRGINIA DUI PENALTIES
If you have been charged with a DUI in Virginia, then you need to understand the penalties you face.
The Virginia Courts strictly enforce DUI Laws.
There are defenses to Virginia DUI offenses.
If you wish to speak with Virginia DUI Lawyers who are former prosecutors, contact the SRIS Law Group Virginia DUI Attorneys.
The following are the list of penalties you will face if you are convicted of a DUI in Virginia.
VA Code § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction
| Offense |
Sentence of confinement |
Mandatory minimum confinement |
Mandatory minimum fine |
|
| 1st DUI in VirginiaClass 1 misdemeanor |
BAC 0.15 – 0.20 Five days |
$250 |
||
|
BAC More than 0.20 10 days |
||||
| 2nd DUIwithin less
than 5 years |
Not less than 1 month nor more than 1 year | Twenty days | BAC 0.15 – 0.20 additional period of 10 days |
$500 |
| BAC More than 0.20Additional period of 20 days | ||||
| 2nd DUI in Virginiawithin 5- 10 | For not less than one month | Ten days | BAC 0.15 – 0.20 additional period of 10 days |
$500 |
| BAC More than 0.20Additional period of 20 days | ||||
| 3rd DUI in Virginia committed within 10 yearsClass 6 felony
|
90 days |
|
||
| 3rd DUI in VirginiaCommitted
within 5-years |
6 months |
$1,000 |
||
| 4th orsubsequent DUI in Virginia offense
within 10- years |
Otherwise modified by the court, shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed 3 years. | one year |
$1,000 |
|
FEDERAL COURT CHILD PORNOGRAPHY DEFENSE
Federal Possession of Child Pornography is a Felony. If you have been charged with Federal Possession of Child Pornography in Virginia, Federal Possession of Child Pornography in Maryland or Federal Possession of Child Pornography in Massachusetts, you need federal defense attorneys who have extensive experience defending clients charged with these types of computer sex crimes.
The SRIS Law Group Federal Possession of Child Pornography defense lawyers not only have the experience necessary to defend you against a Federal Child Pornography charge but also a thorough understanding of how computers works, internet service providers track data and file sharing software such as limewire. You can reach us at 888-437-7747.
MARYLAND ARSON DEFENSE LAWYERS
Defending clients against arson charges in Maryland
The Maryland arson defense attorneys of SRIS, P.C. have compiled herein some of the arson laws in Maryland for your review. If you have been charged with arson in Maryland or assisting someone find an excellent Maryland arson defense lawyer, do not hesitate to contact us. Arson is a very serious crime in Maryland. If an individual is convicted of arson in Maryland, the individual will almost certainly be incarcerated. There are substantial defenses to an arson charge in Maryland. However, to raise these defenses, only an attorney who is familiar with arson cases can raise them on behalf of a client charged with arson.
Arson
MD CRIMINAL LAW § 6-101. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Dwelling
(b)(1) “Dwelling” means a structure any part of which has been adapted for overnight accommodation of an individual, regardless of whether an individual is actually present.
(2) “Dwelling” includes a kitchen, shop, barn, stable, or outbuilding that is a parcel to, belongs to, or adjoins the dwelling.
Maliciously
(c) “Maliciously” means acting with intent to harm a person or property.
Structure
(d)(1) “Structure” means a building or other construction, a vehicle, or watercraft.
(2) “Structure” includes a:
(i) barn, stable, pier, wharf, and any facility attached to a pier or wharf;
(ii) tent, public building, or public bridge; and
(iii) railroad car.
Willfully
(e) “Willfully” means acting intentionally, knowingly, and purposely.
MD CRIMINAL LAW § 6-102. Arson in the first degree
Prohibited
(a) A person may not willfully and maliciously set fire to or burn:
(1) a dwelling; or
(2) a structure in or on which an individual who is not a participant is present.
Penalty
(b) A person who violates this section is guilty of the felony of arson in the first degree and on conviction is subject to imprisonment not exceeding 30 years or a fine not exceeding $50,000 or both.
Prohibited defense
(c) It is not a defense to a prosecution under this section that the person owns the property.
MD CRIMINAL LAW § 6-103. Arson in the second degree
Prohibited
(a) A person may not willfully and maliciously set fire to or burn a structure that belongs to the person or to another.
Penalty
(b) A person who violates this section is guilty of the felony of arson in the second degree and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $30,000 or both.
Prohibited defense
(c) It is not a defense to a prosecution under this section that the person owns the property.
MD CRIMINAL LAW § 6-104. Malicious burning of personal property in the first degree
Scope of section
(a) This section applies to a violation involving property damage of $1,000 or more.
Prohibited
(b) A person may not willfully and maliciously set fire to or burn the personal property of another.
Penalty
(c) A person who violates this section is guilty of the felony of malicious burning in the first degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
MD CRIMINAL LAW § 6-105. Malicious burning of personal property in the second degree
Scope
(a) This section applies to a violation involving property damage of less than $1,000.
Prohibited
(b) A person may not willfully and maliciously set fire to or burn the personal property of another.
Penalty
(c) A person who violates this section is guilty of the misdemeanor of malicious burning in the second degree and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
MD CRIMINAL LAW § 6-106. Burning with intent to defraud
Prohibited
(a) A person may not set fire to or burn property of any kind with the intent to defraud another.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Statute of limitations and in banc review
(c) A person who violates this section is subject to § 5-106(b) of the Courts Article.
Sentence
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
MD CRIMINAL LAW § 6-107. Threat of arson
Prohibited
(a) A person may not threaten verbally or in writing to:
(1) set fire to or burn a structure; or
(2) explode a destructive device, as defined in § 4-501 of this article, in, on, or under a structure.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
MD CRIMINAL LAW § 6-108. Burning trash container
Prohibited
(a) A person may not willfully and maliciously set fire to or burn the contents of a dumpster or trash receptacle that belongs to another.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $500 or both.
MD Criminal Law § 6-109. Attempt to burn structure or property
Placing or distributing a flammable, explosive, or combustible material or device in or near a structure or personal property in preparation for burning the structure or property is an attempt to burn the structure or property.
Contact the Maryland arson defense lawyers of SRIS, P.C. to mount an effective defense against an arson charge in Maryland. You can call us toll free at 888-437-7747 or contact us on line.
MASSACHUSETTS, MARYLAND & VIRGINIA CREDIT CARD THEFT DEFENSE ATTORNEYS
Defense of Credit Card Fraud in Virginia, Maryland & Massachusetts
Credit Card fraud in Virginia, credit card fraud in Maryland & credit card fraud in Massachusetts are treated as a very serious crimes.
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 in Virginia, Maryland & Massachusetts.
Due to the high rate of credit card fraud in Virginia, Maryland & Massachusetts, unlike other types of theft crimes, in Virginia, Maryland & Massachusetts, regardless of the value of the transaction, each transaction is usually classified as a felony.
If you wish to speak with a Maryland, Massachusetts & Virginia criminal credit card fraud 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.
If you wish to speak with a Virginia credit card fraud defense attorney, Maryland credit card fraud defense attorney & Massachusetts credit card fraud defense attorney please call us at 888-437-7747 or contact us via our fast on line form.
Our Maryland, Massachusetts & Virginia attorneys who provide credit card fraud 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 defend credit card fraud, credit card forgery, credit card theft in Virginia, Maryland, D.C. & Massachusetts; however we defend credit card theft, credit card forgery & 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 credit card fraud offenses in Virginia, Maryland or Massachusetts.
Arson Virginia Burn Maryland Destroy Massachusetts Fairfax Boston Rockville Lynchburg Richmond Beach
ARSON DEFENSE ATTORNEYS
MASSACHUSETTS, MARYLAND & VIRGINIA LAWYERS DEFEND ARSON CASES
ARSON
Arson is usually defined In Virginia, Maryland and Massachusetts as setting a deliberate and intentional fire to a structure, building or piece of personal property.
Arson is a felony, with a very real risk of incarceration if convicted.
There are three main reasons why most people commit arson in Virginia, Maryland and Massachusetts.
Arson for Financial Gain in Virginia, Maryland & Massachusetts
The first reason is “for profit”. Fire destroys, and if a building, dwelling or valuable piece of property is destroyed, then insurance claims can be made to cover the loss. If a piece of property or building in Virginia, Maryland and Massachusetts has little or no financial value to the owner, but cannot be easily or profitably sold – then some owners may take to arson to “correct” this problem. The insurance value may be worth more than the actual street value – and setting an intentional fire will make it possible to file claims for complete loss of property.
Plus, even if insurance fraud doesn’t enter the picture, fire makes it easier to dispose of the real property, as there is no longer any building or dwelling sitting on top of it.
This principle can also be taken with objects of financial value such as works of art or costly items that would be difficult or impossible to replace. In fact, there was an actual case where a man took out special insurance to cover his purchase of rare and very valuable cigars. He then proceeded to smoke them, and filed a claim for destruction through fire! The insurance company countered by filing suit for individual acts of arson for each cigar intentionally smoked.
Arson for Revenge in Virginia, Maryland & Massachusetts
In this world people do many things out of revenge. Virginia, Maryland and Massachusetts residents are no exception. Domestic violence can spiral out of control, and one partner to the relationship may try to injure the other through acts of arson – hoping either to ruin the other partner financially or to outright kill them. Arson is chosen to cover ones tracks, as fire tends to destroy evidence.
Disgruntled firefighters have also been known to start fires in order to seek revenge for a job related matter or other issue. Since they have intimate knowledge of how fires start, these rogue firemen can prove very difficult to apprehend.
Another form of revenge arson is politically motivated. A prime example of this is the so-called environmental group known as the Earth Liberation Front, who used arson as a means to protest what they thought as acts of environmental destruction by corporate or private citizens. Burning down abortion clinics is yet another example of politically motivated revenge.
Arson for Fun or Kicks in Virginia, Maryland & Massachusetts
These acts are the hardest to prevent or predict, as there is usually no other motive than the thrill of seeing something burn. Juveniles are especially prone to set fire to abandoned buildings. This is more than just a prank gone haywire, since many times abandoned buildings house the homeless, and setting a fire can be tantamount to committing murder.
Setting intentional forest fires is another example. Especially in Virginia with its expansive wooded areas, this can be a major problem. The person or persons starting the conflagration gain no financial benefit or satisfy no personal vendetta.
They simply want to see a forest burn.
THE MODEL ARSON LAW
There is what is called The Model Arson Law proposed in the early 1920s by the National Board of Fire Underwriters, which breaks down the various forms of arson into four main legal definitions.
FIRST DEGREE ARSON:
This constitutes the intentional burning of dwellings – places where people are normally expected to be living or congregating, such as houses, apartment buildings or places of work. It doesn’t matter if the dwelling is occupied or not – just the expectation that someone could be present is enough to satisfy this requirement. Virginia, Maryland and Massachusetts all have penalties ranging from 2 to 20 years in prison for committing this serious felony.
SECOND DEGREE ARSON:
This is intentionally setting fire to buildings other than dwellings. (Vacant construction sites for example.) The penalty in Virginia, Maryland and Massachusetts for 2nd degree arson is 1 to 10 years behind bars.
THIRD DEGREE ARSON:
This is defined as willfully and maliciously setting fire to property (other than buildings or dwellings) worth more than $25. 1 to 3 years in prison is the penalty for 3rd degree arson under Virginia, Maryland and Massachusetts criminal law.
FOURTH DEGREE ARSON:
Sometimes arson is attempted but not successful. Attempting to burn buildings or property warrants a sentence in Virginia, Maryland and Massachusetts of 1 to 5 years in jail, plus a fine not to exceed $1000.
Burning personal property with the intention to defraud an insurer also falls under 4th degree arson. Our aforementioned cigar aficionado could be convicted under this category.
It should be noted a person can be convicted of arson even if they do not physically participate in actually setting the blaze. The laws in Virginia, Maryland and Massachusetts clearly state that anyone who aids, counsels, or procures the materials to assist in the arson is equally liable under the law.
Reckless Burning
A related crime is that of reckless burning. This involves illegally setting fire to something other than a building or dwelling, such as leaves or trash. In Virginia, Maryland and Massachusetts, reckless burning is considered a lesser charge.
The purpose of this law is to protect areas of high risk from fires that could get out of control and cause more widespread damage.
SRIS PC – The Right Arson Defense Lawyers in Virginia, Maryland & Massachusetts
If you’ve been arrested in Virginia, Maryland and Massachusetts for arson or even reckless burning, the first and most important thing to do is finding the right lawyer skilled and experienced in these particular aspects of criminal defense. The courts in Virginia, Maryland and Massachusetts won’t look lightly upon these offenses – so being represented by attorneys familiar with all aspects of these complex statutes is to your distinct advantage.
When you need an attorney with specific experience in handling arson cases in Virginia, Maryland and Massachusetts, you’ll get an attorney who knows the ins and outs of the specific statutes in these respective jurisdictions.
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 arson.
If you wish to learn more about the laws regarding arson in the following states, please click on the state:
Our Guarantee to You
As SRIS, P.C. we guarantee you the following: There’s a lot at stake. We know that no matter how many arson cases we’ve handled, or whom we’ve represented before, the only case that matters to you is yours.
A highly qualified Massachusetts, Maryland or Virginia arson defense attorney is just a toll-free phone call away. You can also contact us on line
