The following is information on what you should expect if you’ve been charged with larceny in Virginia. To learn more about larceny charges or to build the strongest possible defense for your case, call today and schedule a free consultation with a Virginia theft attorney.
If you have been charged for a larceny offense, you should expect that the crime will be taken very seriously by the victim, the crime will be taken very seriously by the Commonwealth Attorney, and the crime will be taken very seriously by law enforcement officials. They will prosecute to the full extent of the law regardless of the amount of money, goods or services that are alleged to have been taken or acquired.
The most common mistakes that I see people making when they have been charged with a larceny offense is to speak to law enforcement officials without their attorney present. This happens when the accused either waives their Miranda rights or volunteers information about the case. Every person has the right to remain silent and exercising that right is nearly always in an accused person’s best interests.
Beyond simply avoiding the type of conduct that leads to the larceny charges, I would suggest to anyone that may find themselves being charged with a larceny offense to speak with an experienced criminal defense attorney as soon as possible.
Some of the most common defenses in larceny cases are challenging the Commonwealth’s ability to identify the alleged perpetrator or challenging the Commonwealth’s ability to prove value. Additionally, a lack of criminal intent is also used as a defense in cases when someone acted in a peculiar way, for example walked out of a store by mistake or in an unrelated emergency with goods on their person and that would lead a reasonable person to believe that they did not act with criminal intent to commit the alleged offense.
Along with examining all the evidence and applying the laws to the facts of the case, I find it important to investigate witness statements and recorded evidence as soon as possible. In addition, I try to develop the good side of the defendant. This may include their employment and social history, things they’ve done that are positive. After further analysis of the case, we can decide what type of defense strategy together, including whether a mitigation defense, to potentially include community service or educational courses, is a proper avenue.
Northern Virginia Criminal Defense Group