Posts Tagged ‘Imprisonment’
VIRGINIA GRAND LARCENY DEFENSE
What is the definition of grand larceny in Virginia?
Grand Larceny is defined in Virginia Code 18.2-95
Virginia Code Section 18.2-95 defines grand larceny as:
• larceny from the person of another of money or other thing of value of $5 or more,
• simple larceny not from the person of another of goods and chattels of the value of $200 or more, or
• simple larceny not from the person of another of any firearm, regardless of the firearm’s value.
Grand larceny carries a maximum sentence of 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, confinement in jail for a period not exceeding twelve months and/or a fine of not more than $2,500.
If you have been charged with grand larceny (Virginia Code 18.2-95) in Virginia, keep in mind that it is a felony.
Contact a SRIS Law Group Virginia grand larceny lawyer to defend you if you have been charged with a felony larceny crime.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
Defendant’s sentence of 27 months imprisonment for drunk driving and for driving with a suspended license was not unreasonable in light of the 18 U.S.C.S. § 3553(a) factors, including defendant’s criminal history, defendant’s ongoing lack of respect for the law, and the need to protect the public from defendant.
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.
Class 1 Felony to Class 6 Felony & Penalties In Virginia
What is the penalty for a Class 1 Felony In Virginia?
The maximum penalty for a Class 1 Felony in Virginia is death or imprisonment for life and $100000 fine.
If you are facing felony charges in Virginia and want to know the penalty for a felony charge in Virginia, contact the SRIS Law Group Virginia Felony lawyers for help.
Virginia Code 18.2-10 lists the different felony charges in Virginia
VA Penal Code 18.2-10. Punishment for conviction of felony; penalty:
The authorized punishments for conviction of a felony in Virginia 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 that section in addition to any other penalty provided by law.
For a misdemeanor 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.
MASSACHUSETTS TELEPHONE THREAT LAWYER & CURSE & ABUSE DEFENSE ATTORNEYS
DEFEND CLIENTS CHARGED WITH TELEPHONE THREAT & CURSE & ABUSE DEFENSE IN MASSACHUSETTS
In Massachusetts, threatening a person or the use of profane language via public airways including telephones, radios, CBs can result in criminal charges. The Massachusetts law offices of SRIS, P.C. have a number of excellent Massachusetts telephone threat defense attorneys & Massachusetts curse and abuse defense lawyers in its office in Boston,Massachusetts. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of telephone threat, curse & abuse defense, please click here.
To learn more about the laws pertaining to telephone threat, curse & abuse defense in Virginia or Maryland, please click on the state.
TELEPHONE LAWS IN THE STATE OF MASSACHUSETTS
MA Code § 14A. ANNOYING TELEPHONE CALLS
Whoever telephones another person, or causes any person to be telephoned, repeatedly, for the sole purpose of harassing, annoying or molesting such person or his family, whether or not conversation ensues, or whoever telephones a person repeatedly, and uses indecent or obscene language to such person, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both.
MARYLAND MALICIOUS WOUNDING/ASSAULT DEFENSE ATTORNEYS
DEFEND CLIENTS CHARGED WITH MALICIOUS WOUNDING OR ASSAULT IN MARYLAND
If you are charged in Maryland with maliciously shooting, stabbing, cutting, or wounding any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, then you need the help of our Maryland malicious wounding attorneys. For more information or to make an appointment with SRIS, P.C., Maryland assault attorney, please call, send an e-mail or complete the on-line form.
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BALTIMORE, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of malicious wounding defense, please click here.
To learn more about the laws pertaining to malicious wounding defense in Virginia or Massachusetts, please click on the state.
The following are some of the different types of Assault charges one could face in the State of Maryland:
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Assault in the first degree
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Assault in the second degree
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Reckless endangerment
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Defenses
MALICIOUS WOUNDING DEFENSE
MD CODE § 3-202. Assault in the first degree (top)
Prohibited
(a)(1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm, including:
(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
(ii) an assault pistol, as defined in § 4-301 of this article;
(iii) a machine gun, as defined in § 4-401 of this article; and
(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.
Penalty
(b) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.
MD CODE § 3-203. Assault in the second degree (top)
Prohibited
(a) A person may not commit an assault.
Penalty
(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
Law enforcement officers
(c)(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer’s official duties.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
MD CODE § 3-204. Reckless endangerment (top)
Prohibited
(a) A person may not recklessly:
(1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or
(2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.
Penalty
(b) A person who violates this section is guilty of the misdemeanor of reckless endangerment and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Exceptions
(c)(1) Subsection (a)(1) of this section does not apply to conduct involving:
(i) the use of a motor vehicle, as defined in § 11-135 of the Transportation Article; or
(ii) the manufacture, production, or sale of a product or commodity.
(2) Subsection (a)(2) of this section does not apply to:
(i) a law enforcement officer or security guard in the performance of an official duty; or
(ii) an individual acting in defense of a crime of violence as defined in § 5-101 of the Public Safety Article.
MD CODE § 3-209. Defenses (top)
A person charged with a crime under § 3-202, § 3-203, § 3-204, or § 3-205 of this subtitle may assert any judicially recognized defense.
The Maryland malicious wounding defense attorneys and Law Offices of SRIS, P.C., are located in Rockville and Annapolis .
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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ATTORNEYS DEFENDING CLIENTS CHARGED WITH TELEPHONE THREATS IN MARYLAND
ACCUSED OF MISUSE OF THE TELEPHONE IN MARYLAND?
The Maryland Attorneys of SRIS, P.C. who defend clients charged with telephone threats or harassment by phone or the use of obscene or indecent language by phone want you to know that telephone threat or harassment is treated very seriously by the Courts of Maryland.
If you have been charged with misuse of telephone, please contact us right away. We have two offices in Maryland to better serve you.
Our offices in Maryland are in Rockville & Annapolis.
You can call us toll free at 888-437-7747, email us or contact us on line.
To obtain a general overview of telephone threat defense, please click here.
To learn more about the laws pertaining to telephone threat defense in Virginia or Massachusetts, please click on the state.
The following is the Maryland statute regarding phone misuse:
§ 3-804. Misuse of telephone facilities and equipment
Prohibited
(a) A person may not use telephone facilities or equipment to make:
(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;
(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or
(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $500 or both.
VIRGINIA ARSON DEFENSE LAWYERS
Defend Clients Charged With Arson Charges In Virginia
The Virginia arson defense attorneys of SRIS, P.C. have compiled herein some of the arson laws in Virginia for your review. If you have been charged with arson in Virginia or assisting someone find an excellent Virginia arson defense lawyer, do not hesitate to contact us. Arson is a very serious crime in Virginia. If an individual is convicted of arson in Virginia, the individual will almost certainly be incarcerated. There are substantial defenses to an arson charge in Virginia. 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
Va. Code Ann.§ 18.2-77. Burning or destroying dwelling house, etc.
A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys , in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.
B. Any such burning or destruction when the building or other place mentioned in subsection A is unoccupied shall be punishable as a Class 4 felony.
Va. Code Ann § 18.2-79. Burning or destroying meeting house, etc.
If any person maliciously burns, or by the use of any explosive device or substance, maliciously destroys, in whole or in part, or causes to be burned or destroyed, or aids, counsels, or procures the burning or destroying, of any meeting house, courthouse, townhouse, college, academy, schoolhouse, or other building erected for public use except an asylum, hotel, jail, prison or church or building owned or leased by a church that is immediately adjacent to a church, or any banking house, warehouse, storehouse, manufactory, mill, or other house, whether the property of himself or of another person, not usually occupied by persons lodging therein at night, at a time when any person is therein, or if he maliciously sets fire to anything, or causes to be set on fire, or aids, counsels, or procures the setting on fire of anything, by the burning whereof any building mentioned in this section is burned, at a time when any person is therein, he shall be guilty of a Class 3 felony. If such offense is committed when no person is in such building mentioned in this section, the offender shall be guilty of a Class 4 felony.
Va. Code Ann § 18.2-80. Burning or destroying any other building or structure
If any person maliciously, or with intent to defraud an insurance company or other person, burn, or by the use of any explosive device or substance, maliciously destroy, in whole or in part, or cause to be burned or destroyed, or aid, counsel or procure the burning or destruction of any building, bridge, lock, dam or other structure, whether the property of himself or of another, at a time when any person is therein or thereon, the burning or destruction whereof is not punishable under any other section of this chapter, he shall be guilty of a Class 3 felony. If he commits such offense at a time when no person is in such building, or other structure, and such building, or other structure, with the property therein, be of the value of $200, or more, he shall be guilty of a Class 4 felony, and if it and the property therein be of less value, he shall be guilty of a Class 1 misdemeanor.
Va. Code Ann § 18.2-81. Burning or destroying personal property, standing grain, etc.
If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
Va. Code Ann § 18.2-82. Burning building or structure while in such building or structure with intent to commit felony
If any person while in any building or other structure unlawfully, with intent to commit a felony therein, shall burn or cause to be burned, in whole or in part, such building or other structure, the burning of which is not punishable under any other section of this chapter, he shall be guilty of a Class 4 felony.
Contact the Virginia arson defense lawyers of SRIS, P.C. to mount an effective defense against an arson charge in Virginia. You can call us toll free at 888-437-7747 or contact us on line.
Don’t let a violation of a Massachusetts Restraining Order Ruin Your Life!
Remember – A Massachusetts Criminal Charge Can Ruin Your Life!
Have you been arrested for Violating a Restraining Order in MA?
First order of business is to fight a MA restraining order. A Massachusetts restraining order violation is a criminal offense. If you are accused of violating a restraining order in MA by allegedly abusing or going near a person who has taken out Massachusetts civil restraining order against you, then you are facing a Massachusetts criminal charge. In Massachusetts, a restraining order is also known as an MA abuse prevention order, MA protective order, or a "209A". The maximum penalty for violating a Massachusetts restraining order is 2 1/2 years in jail, and a $5000 fine.
Restraining orders in Massachusetts are often abused. You can be charged and arrested on a MA restraining order violation if:
• the complainant claims that you drove by his or her house, even if you live in the neighborhood;
• were near his/her car;
• the person believes that you called and hung up;
• you write a letter to the person;
• if the person invites you over and you accept.
If you are facing a charge of violating a Massachusetts restraining order, contact the SRIS Law Group Massachusetts Criminal Defense“>Massachusetts criminal defense attorneys for help with your criminal defense.
You can reach us at 888-437-7747.
MA CHAPTER 209A. Abuse Prevention orders
Any violation of such order or a protection order issued by another jurisdiction shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment." … "For any violation of such order, the court shall order the defendant to complete a certified batterer's intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention. The court shall not order substance abuse or anger management treatment or any other form of treatment as a substitute for certified batterer's intervention. "
Our Massachusetts criminal defense lawyers help defend clients in the following counties:
Boston Massachusetts Criminal Defense, Greater Boston MA Criminal Lawyer Barnstable County MA Criminal Defense, Berkshire County MA restraining order, Bristol County MA, Dukes County MA restraining order violation, Essex County MA, Franklin County MA, Hampden County MA criminal charge, Hampshire County MA, Middlesex County MA, Nantucket County MA, Norfolk County MA, Plymouth County MA, Suffolk County MA, Worcester County MA
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.
