Fraud, theft, and larceny charges in Virginia carry serious consequences that can impact your freedom, finances, and future opportunities. Convictions for these offenses can lead to jail time, heavy fines, and a criminal record that affects employment and other areas of life. At Tarris Law, we provide skilled, strategic defense against fraud, theft, and related charges, working to protect your rights and pursue the best possible outcome in your case.
Types of Fraud and Theft Charges in Virginia
Virginia law covers a range of fraud and theft offenses, each with its own definitions, penalties, and required elements of proof. Common charges we defend against include:
- Petit Larceny: The unlawful taking of property valued at less than $1,000, considered a Class 1 misdemeanor. Petit larceny can result in up to 12 months in jail and fines up to $2,500 (§ 18.2-96).
- Grand Larceny: The theft of property valued at $1,000 or more, classified as a felony. Grand larceny is punishable by 1 to 20 years in prison or up to 12 months in jail and a fine of up to $2,500 at the court’s discretion (§ 18.2-95).
- Shoplifting: Also known as concealment, shoplifting involves taking or hiding merchandise in a retail store with the intent to steal it. Shoplifting can be charged as petit or grand larceny, depending on the value of the goods (§ 18.2-103).
- Credit Card Fraud: Using a stolen or unauthorized credit card or credit card number to obtain goods, services, or money is a serious offense in Virginia. This can be charged as a misdemeanor or felony based on the amount and number of offenses (§ 18.2-195).
- Identity Theft: Using another person’s personal information to commit fraud or gain financial advantage, such as using someone’s Social Security number or credit information. Identity theft can result in felony charges with severe penalties, especially if significant financial damage is caused (§ 18.2-186.3).
- Embezzlement: Embezzlement is the fraudulent conversion of property or funds entrusted to you by an employer or organization. This offense can be charged as petit or grand larceny depending on the amount involved (§ 18.2-111).
- Forgery and Uttering: Forgery involves creating, altering, or using false documents with the intent to defraud, while uttering involves passing or using those documents. Both offenses are considered felonies, with penalties including prison time and fines (§ 18.2-172).
Penalties for Fraud and Theft Offenses in Virginia
Penalties for fraud and theft offenses in Virginia vary based on the type of offense, the amount involved, and prior criminal history. Typical penalties include:
- Misdemeanor Charges: Petit larceny and certain credit card frauds under a certain dollar amount may be charged as misdemeanors, carrying up to 12 months in jail and fines up to $2,500.
- Felony Charges: Grand larceny, embezzlement, and certain identity theft charges can result in felony convictions, punishable by prison sentences ranging from 1 to 20 years and substantial fines.
Convictions for fraud or theft offenses can also lead to restitution payments, probation, community service, and other consequences. Furthermore, these convictions result in a criminal record that may impact future employment, housing, and other aspects of your life.
What to Do If You Are Charged with Fraud or Theft
If you are charged with fraud or theft, taking the right steps early on can significantly improve your situation. Here’s what you should do:
- Exercise Your Right to Remain Silent: Politely refuse to answer questions without an attorney present. Anything you say to law enforcement can be used as evidence.
- Request Legal Representation: Contact an experienced criminal defense attorney as soon as possible. Early intervention allows your attorney to gather evidence, assess your case, and build a strong defense.
- Avoid Contacting Potential Witnesses: Reaching out to anyone involved in the case could be seen as an attempt to influence or intimidate witnesses. Let your attorney handle all case-related communication.
- Preserve Evidence: If there is any evidence that could support your defense, such as receipts, emails, or surveillance footage, make sure it is saved and provide it to your attorney.
Potential Defenses for Fraud and Theft Charges
At Tarris Law, we carefully analyze every aspect of your case to develop a defense tailored to your unique circumstances. Common defenses against fraud and theft charges include:
- Lack of Intent: Many fraud and theft charges require proving that you intended to commit the offense. If intent cannot be established beyond a reasonable doubt, we may be able to have charges reduced or dismissed.
- Mistaken Identity: Misidentification is common in cases involving surveillance footage or witness testimony. We may use evidence, such as alibi witnesses or inconsistencies in testimony, to demonstrate that you were not involved in the crime.
- Ownership or Rightful Possession: In some cases, a person may have mistakenly believed they had the right to the property or funds in question. If ownership or permission can be demonstrated, this could undermine the prosecution's case.
- Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they otherwise would not have committed. If you were pressured or coerced into committing the offense, we may raise entrapment as a defense.
- Insufficient Evidence: We scrutinize the evidence to identify any weaknesses in the prosecution’s case, such as unreliable witness testimony, lack of documentation, or procedural errors, which could lead to a reduction or dismissal of charges.
Why Choose Tarris Law for Your Defense?
Facing a fraud or theft charge can be daunting, but having experienced legal representation can make all the difference. At Tarris Law, we are committed to providing aggressive and strategic defense for clients facing a range of fraud and theft offenses. Here’s why clients trust us with their defense:
- Experienced Defense Attorneys: We have extensive experience handling fraud, larceny, theft, and related cases across Virginia, giving us the knowledge and skill to build a strong defense.
- Client-Centered Approach: We believe in open communication and personalized representation, keeping you informed and involved every step of the way.
- Aggressive Defense Strategies: We explore every avenue to challenge the charges, whether that means negotiating for a reduced charge, seeking alternative sentencing, or fighting for a complete dismissal.
Contact Tarris Law for a Fraud or Theft Consultation Today
If you or a loved one has been charged with fraud, larceny, shoplifting, or any other theft-related offense in Virginia, contact Tarris Law today. Our experienced criminal defense attorneys are ready to answer your questions, assess your case, and start building a strong defense to protect your rights and future. Don’t wait—reach out to Tarris Law to take control of your defense today.