Differences Between Theft Crimes and Types of “Stealing”
Differences Between Various Theft Crimes And Types of “Stealing”
Most crimes in Virginia that involve stealing or theft, will fall into the Larceny category, or the other categories below. The distinctions in the severity of the charges generally depend on the relative value of the item that was taken, along with how it is taken.
Larceny
Larceny is the legal term for what most people consider to be stealing. It’s taking something that isn’t yours with the intent to keep it, without the permission of the owner. This is the charge that covers shoplifting, car thefts (both of the car, and when someone breaks a window and takes what’s inside the car), and actions similar to those. Larceny can be a Felony, if the property taken is worth more than $1000 (Virginia Code §18.2-95); or a Misdemeanor, if the property taken is worth less than $1000 (Virginia Code §18.2-94).
Larceny By False Pretenses (Sometimes Historically Called “Larceny By Trick”)
False Pretenses (Virginia Code §18.2-178), in contrast to Larceny, requires one to obtain the property owned by another, with the intent to keep it, through fraud or deceit. Essentially, someone tries to trick someone else into giving them something they didn’t earn or deserve. In this case the property is taken with the permission of the owner, but the permission is obtained fraudulently. A simple example would be if you started a GoFundMe page to raise money for a charitable cause and you had no intention of giving the money to that cause, or the cause didn’t actually exist. The Felony and Misdemeanor breakdown for False Pretenses is the same as for Larceny above.
Embezzlement:
For the charge of Embezzlement, someone must be in a position of trust over the property of another. If such a person then takes, or uses the property for their own benefit without the permission of the owner, it’s considered embezzlement (Virginia Code §18.2-111). It’s essentially Larceny by someone who is given control over another’s property. An example would be if you’re a company executive, bookkeeper, or human resources manager, and you inappropriately arrange to redirect money for your own benefit. Again, the Felony and Misdemeanor breakdown for False Pretenses is the same as for Larceny above.
Burglary Or “Breaking And Entering”
Burglary is generally classified as, and referred to as, a theft crime. But it’s really typically just part of the overall criminal conduct. Burglary in Virginia is the act of breaking and entering a structure, for the purpose of committing another crime – often times (but not always), Larceny. Thus, despite the common misunderstanding, Burglary, in and of itself, does not involve the actual taking of property. Burglary (Virginia Code §§18.2-89, 90 & 91) is more often and accurately referred to as “Breaking and Entering,” and is a Felony in Virginia.
Robbery:
In Virginia, Robbery (Virginia Code §18.2-58) is another form of theft crime, but is also considered a serious crime of violence. Like Larceny, Robbery requires taking someone’s property without their permission, and with the intent to keep it. But Robbery has an additional requirement that property acquired be obtained by force, threat of force or intimidation. This could include taking someone’s money at gunpoint, beating someone up and taking their money and/or threatening to beat them up if they don’t give you their money. Robbery is a serious felony charge and the maximum punishment is as high as high in prison.
If you’ve been charged with any theft crime, obtaining accomplished legal counsel is crucial. An experienced attorney may be able to avoid a conviction, or help get charges reduced or penalties lessened. The law office of PETROVICH & WALSH can assist. Centrally located in Fairfax, our knowledgeable staff serves all of Northern Virginia. With more than 50 years of experience, we are here to help you or a loved one who faces theft charges in the Commonwealth of Virginia.
