Hampton Roads Theft Lawyer
A Hampton road theft lawyer knows the laws of the jurisdiction. Hampton Roads law code uses larceny to define theft. Larceny and theft are essentially the same things. It involves taking property that belongs to somebody else that does not belong to a person and they do not have the authority to take that property. If you are facing a situation involving theft, contact a professional Hampton roads attorney today.
- Penalties
- Building a Defense
- Shoplifting
- Robbery
- Auto Theft
- Burglary
- Carjacking
- Case Approach
- Felony Theft
- Joyriding
Elements of Crime
To prove theft, there must be some property – it can be money, it can be an item, but it has to be a tangible thing that belongs to another person, and there has to be a taking of that object with the intent to permanently deprive the rightful owner of that item. The action also has to be done without the permission of the rightful owner.
In Virginia, if it is a theft charge it is most likely going to be considered a larceny charge and there are various different types of larcenies depending on what was taken and the value of the item. Talk to a Hampton Roads theft lawyer for more on the subject.
Support of Hampton Roads Theft Lawyer
An attorney can discuss the case and they can try to see what the best option is for a person. In some jurisdictions, they have programs that can allow the person to keep these types of charges off the person’s record. That is something that may be able to help the person keep their record clean and avoiding conviction.
There are a number of different strategies that go into building a Hampton Roads theft defense. If the person is trying to get an acquittal to beat the case, one strategy is to show that the individual is not the person that took the item or that it cannot be proven that they took it. Another strategy is to show that they had permission to take the item, which is another critical element.
Mitigation strategies are often employed because the prosecution is able to establish that the person committed the crime and they can prove all the elements. Possible mitigation outcomes include community service or having restitution ready so that the person can show the good faith that they recognize that they made a mistake and they want to try to make it right. Consult with a professional Hampton Roads theft lawyer for more on defense strategies.
Initial Steps of Preparing Theft Defense
The first thing an attorney will do is talk to individuals and get their version of events. If there is a prosecutor involved, an attorney and individual will talk to the prosecutor and conduct discovery and see what the evidence shows. An attorney will try to see if the version that comes from the individual is contrary to the evidence that the Commonwealth has available. Then an attorney and individual will strategize about the best way build a Hampton Roads theft defense.
Evidence in Building Defense
An attorney will want any statements made to police by either the other party or the accused. There must be some way to establish the value of the item taken. In some cases, there may be surveillance footage, which will be helpful proof in a theft defense.
Experts Necessary to Prepare a Strong Defense
If there is a dispute over the value of the item, a person may need extra witnesses to testify to the value because the value determines whether or not it is a felony or misdemeanor. That is one area where an expert could come in handy. Expert witnesses may also come in handy if the person has certain mental issues and they are trying to introduce evidence for mental impairment or some insanity that would have impacted the person’s decision making.
Generally, theft is not an area with a ton of expert witnesses because theft is something that is easy. The concept of theft is something that is easy for lay people to understand and judges might say that it is not highly scientific, so expert witnesses are often unnecessary in building a Hampton Roads theft defense.
Hiring a Hampton Roads Theft Attorney
A Hampton Roads theft attorney can help you through the court system and can give you thorough legal advice. Penalties for theft are severe and you should be well-equipped with the knowledge you need to fight the charge.
This is a criminal offense. If it is considered a misdemeanor, it is punishable by up to 12 months in jail. If it is a felony, it can be punishable by up to 20 years in prison. It is a serious charge and it is a type of charge that will impact a person’s record and make it difficult to get a job. Having a lawyer can help you either beat the charge or work something out to reduce it or possibly keep it off a record.