Virginia Theft and Larceny Defense Lawyers

If you find yourself facing grand larceny charges in Virginia, it is crucial to understand the gravity of the situation. Grand larceny is classified as a felony in the state, which means the implications of a conviction can be severe and have a long-lasting impact on your life. Moreover, the collateral consequences can extend beyond legal penalties. They can affect your personal relationships and reputation in the community. Given the high stakes involved, seeking legal representation from an experienced Virginia grand larceny attorney is crucial.

Anthony Montagna understands the complexities of theft laws and is dedicated to providing you with the aggressive representation you need. Our experienced attorneys will meticulously examine the details of your case, identify potential defenses, and work tirelessly to negotiate for reduced charges or even dismissal. Do not face these serious charges alone. Contact us today, and let our attorneys help protect your rights and future.

Why Work with Anthony Montagna for Your Petit or Grand Larceny Charges

Felony charges for grand larceny will follow you around for the rest of your life. Even if you have completed your sentence, you may still have problems renting, purchasing insurance, and obtaining a job. An experienced criminal defense attorney can help protect your rights and look for defenses to lower the charges or get them dismissed. Even petit larceny can impact your future as it is a Class 1 misdemeanor.

Some Of Our Successful Results

Although each case is different and results in one case do not guarantee results in other cases, some of our favorable court cases are the following:

• Grand larceny charge: Reduced to petty larceny
• Robbery: Dismissed
• Felony possession with intent to distribute cocaine: Dismissed
• Felony object penetration: Client pled to misdemeanor assault and battery
• Felony possession with intent to distribute drugs: Dismissed
• First degree murder: Client pled to voluntary manslaughter
• Misdemeanor assault and battery: Dismissed
• Misdemeanor possession with intent to distribute marijuana: Nolle prosequi (dismissed without prejudice)
• Indecent exposure: Dismissed
• Harassing phone calls: Dismissed
• Misdemeanor possession of marijuana: Dismissed
• Misdemeanor hit and run: Dismissed
• Violation of protective order: Dismissed
• Possession of marijuana with intent to distribute: Dismissed
• Driving under the influence: Dismissed
• Possession with intent to distribute cocaine: Reduced to simple possession of cocaine
• Misdemeanor domestic assault and battery: Dismissed

Recent Client Testimonials

“Great Lawyer, very experienced and will do his absolute best to get you the best outcome! Do everything he suggests, because he knows what he is talking about! I got my reckless driving reduced to an improper driving because of his suggestions and expertise. Get him and you will not be disappointed, also everyone at the office is super nice as well including the receptionist and his paralegal Cara!” – Neshe R.

“Mr. Montagna is interested in what is best for his clients. He has a formula for you to follow, making it easy to see possible resolutions. He ensures you are in your best standing in front of the court. He represents his clients with an assured and confident nature that is alluring to watch. His preparations for his client is top notch. He communicates with law enforcement agents and the courts effectively for his clients; ensuring there are no surprises before you approach the bench. I would highly recommend Mr. Montagna and his employees at his firm to help you when you are in a tight spot. WORTH EVERY PENNY!!” – M.

“Very energetic and knowledgeable lawyer. While it was an expensive endeavor, he took the time to understand my circumstances and represented me very well to the court. I would use Mr. Montagna again, and would recommend him.” – Dennis S.

“Mr Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr montagna a call back.” – Steven E.

“No one loves their encounters w/the judicial system, but Mr. Montagna and his team were great in providing clear and effective services. He’s a professional who knows what he’s doing and how to advise – I hired him to work on a traffic offense. Moreover, Mr. Montagna is very personable, so that combined with his experience in the field helped make something that could have been quite stressful rather manageable. Would definitely recommend!” – Olivia O.

Over 150 Years of Combined Legal Experience

Many of our clients our union workers, locals, students, vacationers, and military men and women.  Even if you are not familiar with the area, it is important to hire a lawyer who is familiar with the courts, clerks, and judges.  For over 24 years, Anthony has been representing men and women who were mistakenly charged with a crime that they did not commit and individuals who made a mistake and need the best criminal defense attorney available.  At Anthony Montagna, our lawyers have over 150 years of combined legal experience. You deserve the benefit of that experience.

A+ Rated by the Better Business Bureau

In Virginia, there are countless attorneys.  However, when you may lose your freedom and go to jail, it is important to hire a lawyer who is skilled, trial tested, and reputable.  Anthony Montagna is A+ rated by the Better Business  Bureau and has a stellar reputation in the community. He has handled simple traffic cases and complex felonies like rape, robbery, murder, possession with intent to distribute drugs, and burglary.

What is Considered Grand Larceny in Virginia?

When a person unlawfully takes property with the intent to deprive the owner of it, under the following conditions, they can be charged with grand larceny:

• The value of the stolen goods is $1,000 or more.
• Any theft of a firearm, regardless of value.
• Taking money or property valued at $5 or more directly from a person.

In the Commonwealth of Virginia, grand larceny is a felony, which carries more severe penalties compared to petit larceny, which is a misdemeanor theft. A conviction can result in imprisonment for one to twenty years and a fine of up to $2,500. In some cases, the court may impose a jail term of up to 12 months at its discretion.

Shoplifting Can Be Considered Grand Larceny

In Virginia, shoplifting can be classified as grand larceny when the theft meets certain conditions, specifically regarding the value of the stolen merchandise. Virginia laws define shoplifting as the act of concealing or taking possession of items without payment, which can include actions such as walking out of a store with unpaid goods or altering price tags.

For the offense to qualify as grand larceny, the value of the stolen items must be $1,000 or more. If it is less than this amount, it is typically charged as petit larceny, which is a misdemeanor. Additionally, if a shoplifter directly takes property valued at $5 or more from another person, this constitutes grand larceny.

Other Types of Larceny Offenses in Virginia

Virginia law classifies other larceny offenses into several categories based on the nature of the theft and the value of the property involved.

Petit Larceny

Virginia Code §18.2-96 defines petit larceny as:

• Less than $5 stolen directly from a person
• Stolen goods valued under $1,000 but not taken from a person

Petit larceny is a Class 1 misdemeanor that carries penalties like a jail sentence of up to 12 months or fines of up to $2,500.

Larceny with Intent to Sell or Distribute

Virginia Code §18.2-180.01 defines the theft of property valued at $1,000 or more with the intention of selling or distributing it as a felony. Larceny with intent to sell or distribute is a felony that carries penalties of two to twenty years in prison and potential fines.

Larceny of Animals or Poultry

Stealing animals and poultry, defined under Virginia Code §18.2-97, carries various felony penalties, including:

• Animals such as bulls and cows: Class 5 felony, with penalties of one to ten years in prison
• Poultry valued between $5 and $1,000: Class 6 felony, with penalties of one to five years in prison

What Are the Penalties for Grand Larceny and Petit Larceny in Virginia?

The legal distinctions between petit larceny and grand larceny can carry significant implications for offenders in Virginia.

Petit larceny Charges and Penalties

Petit larceny charges can result in a class 1 misdemeanor involving the theft of property valued at less than $1,000 or stealing directly from a person when the value is less than $5. The penalties include up to 12 months in jail and fines of up to $2,500. A first-time offender may have access to alternative sentencing options, such as restitution or probation.

Grand larceny Charges and Penalties

Grand larceny charges can result in a felony that carries significant penalties of one to twenty years in a state correctional facility. However, at the court’s discretion, it could order up to 12 months in jail or a fine of up to $2,500.

A grand larceny conviction extends beyond the immediate penalties. It results in a felony record that can significantly impact future employment opportunities, housing options and civil rights, such as the right to vote or carry firearms.

Additionally, those convicted of grand larceny may face long-term social stigma and personal consequences that affect relationships and community standing. Given the serious nature of felony charges, it is crucial for anyone facing grand larceny allegations to seek legal counsel to effectively navigate the complexities of the law and potential defenses available.

Defenses Strategies for Grand Larceny in Virginia

If you are facing grand larceny charges in Virginia, you may be able to avoid a felony conviction if your case allows for certain larceny defenses, including:

• Mistaken identity: This type of defense is used if the accused was not the actual perpetrator and a witness or the police misidentified him or her.
• Rightful ownership: The accused can demonstrate that he or she was the legitimate owner of the property in question.
• Mistake of fact: The accused genuinely believes that the property taken was his or hers or that he or she had permission to take it. For example, if someone takes a suitcase from an airport that they believe is theirs, this may be a valid defense.
• Consent: If the owner of the property consented to the person taking the property, this negates the theft charge. For example, if someone was given permission to borrow an item but later faced accusations, the defendant can argue consent as a defense.
• Intent to pay: The defendant had the intention of purchasing the merchandise but did not complete the transaction.
• Illegal search and seizure: The police carried out a search and seizure that violated legal procedures, potentially compromising the case against the defendant.

Can Grand Larceny Charges Be Expunged in Virginia?

While the court will allow a defendant to expunge grand larceny charges, he or she must meet certain criteria. Under the current laws, those convicted of grand larceny may qualify for expungement if they:

• Completed a successful deferral program with the consent of the prosecutor
• Have been acquitted
• Had their charges dropped without prosecution
• Had charges dismissed without sufficient evidence for a guilty finding

Those who enter a plea agreement or are convicted do not qualify for expungement in most cases.

The expungement process requires the defendant to file a formal petition in court. Eligibility is contingent upon:

• No new convictions for seven years for misdemeanors
• No new convictions for ten years for felonies

How How Anthony Montagna Can Help Reduce or Dismiss Your Petit or Grand Larceny Charges

A Virginia larceny attorney like Anthony Montagna can play a crucial role in helping people reduce or dismiss charges related to grand larceny.

Reducing Grand Larceny Charges to a Misdemeanor

The experienced attorneys at our law firm can help reduce felony criminal charges for grand larceny to a misdemeanor, especially for first-time offenders with clean records. If the value of the stolen property is unclear or slightly exceeds the misdemeanor threshold, a defense attorney can argue for a reduction, as the prosecution must prove the value beyond a reasonable doubt.

Additionally, they can negotiate plea agreements that may involve probation, restitution, and community service for reduced charges. Mitigating factors, such as the circumstances of the incident and the defendant’s conduct after the arrest, can also influence the outcome. Overall, having legal representation is crucial for effectively advocating for a reduction in charges.

Areas We Serve

Criminal defense lawyers at our law firm service many areas in Virginia, including:

• Norfolk
• Virginia Beach
• Northampton County
• Accomack County
• Portsmouth
• Chesapeake
• Suffolk
• Southampton County
• Hampton
• Newport News
• New Kent County
• York County
• Williamsburg/James City County
• Isle of Wight County

Do Not Let a Grand Larceny Charge Ruin Your Life

Are you facing grand larceny charges or other felony offenses? You may have a defense for your larceny case, especially a first offense. Our experienced attorneys will work with you to create defense strategies for theft offenses and other offenses. Call our law firm today at 757-625-3500 or contact us online.