A theft in Culpeper is defined the same way that theft in other jurisdictions in Virginia is defined. It is a situation where theft is going to have the same elements of the taking away of something of value from its rightful owner with the intent to permanently deprive. In Culpeper, there are many separate charges that can be included in the general category of theft, such as shoplifting, embezzlement, petty or grand larceny, as well as the violent offenses associated with theft, including robbery.
Due to the extensive penalties that can result from a theft charge in Culpeper, it is very important that a person facing these charges contacts a Culpeper criminal lawyer right away. A Culpeper theft lawyer can use their experience in similar cases and knowledge of Culpeper laws to prepare a strong defense.
The possible consequences of theft charges depend on the circumstances of the charge. For example, if somebody is charged with a misdemeanor theft offense, they will face up to a $2,500 fine or up to 12 months in jail, however, if there is an additional shoplifting or robbery charge, that can impact the potential penalties a person may face.
If somebody is charged with a felony theft charge in Culpeper, their consequences are also going to depend on the exact type of charge the person has. In a grand larceny case, the person would face prison and probation, whereas, for robbery, the penalty would be at least five years in state prison in addition to the consequences associated with a felony offense. If any felony conviction has losses associated with it, the defendant will have to pay restitution to the individual victim or the business victim.
If someone is convicted of a serious burglary charge involving violence, and another person is injured during the course of the burglary, there could be charges referring to the use of a deadly weapon as well as burglary. The penalty for this could be 20 years up to life in prison and a $100,000 fine. Therefore, a burglary charge with the use of a deadly weapon, especially if there is injury or the loss of life as a result, the defendant would face 20 years to life in prison.
Prior criminal convictions affect the person charged with theft because Virginia uses sentencing guidelines. The sentencing guidelines is a number system a judge uses to determine the range of punishment for an individual. Many things go into play with the sentencing guidelines, including factors of a case, especially somebody’s criminal record. A person’s criminal record can prevent them from qualifying for things like probation with no time to serve or could immediately put them in a category that would require many years in prison. A prior criminal record is going to play a big role in what happens in a person’s case.
If somebody is convicted of theft in Culpeper, they might be able to appeal their conviction. If they are convicted of a misdemeanor offense in Culpeper, they are entitled to what is called a trial de novo, which is a completely new trial in Circuit Court. For example, if they did not have a trial with a jury the first time or if they were treated unfairly by the judge, their attorney can appeal their case and they will be entitled to a jury trial the second time.
If somebody has a felony conviction for theft offense in Culpeper, they are also able to appeal their case in certain circumstances. An attorney can talk with them about their possibility for appeal, what the process looks like, and what the likelihood is that Virginia theft appeals will appeal their case and potentially overturn their conviction.
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