CRIMINAL DEFENSE OF THEFT CRIMES
IN WEST VIRGINIA
What Are Theft Crimes In West Virginia?
Theft crimes, as the name suggests, are crimes involving the illegal taking of the property of another and the activities related to such an illegal taking. West Virginia theft crimes include, Burglary, Robbery, Grand Larceny, Petit Larceny, Embezzlement, Obtaining Under False Pretenses, Fraudulent Use of an Access Device (credit or debit card), Obtaining Property by Worthless Checks, Shoplifting, Forgery, and Uttering. Any theft is a serious offense and is prosecuted as such, as there is always a victim to a theft who generally seeks not only the return of their property, but the full punishment of the person who has taken it from them.
Slavey & Shumaker PLLC has experience defending each of the theft charges listed above. For a free initial consultation, call (304) 212-5791. Continue reading for more information about theft charges in West Virginia.
Burglary
- What is Burglary?
Under West Virginia law, Burglary is distinguished the entering of someone’s home without authorization, with the intent to commit a crime inside the home.
- First-Degree Burglary
First-Degree Burglary, under West Virginia Code 61-3-11(a), is the breaking and entering, or entering without breaking, the home of another in the nighttime, with the intent to commit a crime therein. However, First-Degree Burglary may also be committed during the daytime, but requires an actual breaking and entering into the home.
First-Degree Burglary is a felony offense punishable by not less than one (1) nor more than fifteen (15) years imprisonment.
- Second-Degree Burglary
Second-Degree Burglary, under West Virginia Code 61-3-11(b), is the entering without breaking of the home of another person, with the intent to commit a crime therein. The difference between a First-Degree and Second-Degree daytime Burglary is the breaking and entering requirement. If the Burglary was during the daytime and entry was made without breaking into the home, it is a Second-Degree Burglary. On the other hand, if the Burglary was during the daytime and entry was made by breaking into the home, it is a First-Degree Burglary.
Second-Degree Burglary is also a felony offense, punishable by not less than one (1) nor more than ten (10) years imprisonment.
Robbery
- What is Robbery?
Under West Virginia law, Robbery is committed by the use, or threatened use, of violence in the taking of property.
- First-Degree Robbery
First-Degree Robbery, under West Virginia Code 61-2-12(a)(1), is the act of committing violence to the person or using the threat of deadly force by presenting a firearm or other deadly weapon.
First-Degree Robbery is a felony offense punishable by not less than ten (10) years imprisonment. This means the punishment is a minimum 10 year sentence, with the possible sentence of life imprisonment.
- Second-Degree Robbery
Second-Degree Robbery, under West Virginia Code 61-2-12(a)(2), is the act of committing, or attempting to commit, robbery by placing the victim in fear of bodily injury without the presentation of a deadly weapon. Second-Degree Robbery can also be committed by using means designed temporarily disable the victim, such as a disabling chemical substance or an electronic shock device.
Second-Degree Robbery is also a felony offense, punishable by not less than five (5) nor more than eighteen (18) years imprisonment.
Grand Larceny
- What is Grand Larceny?
Grand Larceny, under West Virginia Code 61-3-13(a), is the illegal taking of property of another that is valued at or over $1,000.
- What is the Penalty for Grand Larceny in West Virginia?
Grand Larceny is a felony offense in West Virginia and is punishable by not less than one (1) nor more than ten (10) years imprisonment. However, should the Judge see fit, the sentence could possibly be reduced to not more than one (1) year in jail and a fine of not more than $2,500.
Petit Larceny
- What is Petit Larceny?
Petit Larceny, under West Virginia Code 61-3-13(b), is the illegal taking of property of another that is valued under $1,000.
- What is the Penalty for Petit Larceny in West Virginia?
Petit Larceny is a misdemeanor in West Virginia and is punishable by jail time not to exceed one (1) year or a fine of not more than $2,500, or both jail and a fine.
Embezzlement
- What is Embezzlement?
Embezzlement, under West Virginia Code 61-3-20, is the conversion to ones own use, the property of another, when that person converting the property possesses, has in his care, or has under his management due to his office or employment. Essentially, embezzlement is a larceny committed by a person entrusted with the property stolen.
- What is the Penalty for Embezzlement in West Virginia?
Embezzlement is punished according to the larceny that was committed creating the embezzlement. In other words, if the property embezzled is valued at or over $1,000, the punishment is equal to the punishment for Grand Larceny, which is not less than one (1) nor more than ten (10) years imprisonment. However, should the Judge see fit, the sentence could possibly be reduced to not more than one (1) year in jail and a fine of not more than $2,500.
Similarly, if the property embezzled is valued less than $1,000, the punishment is equal to the punishment for Petit Larceny, which is jail time not to exceed one (1) year or a fine of not more than $2,500, or both jail and a fine.
Fraudulent Use of an Access Device (credit card or debit card)
- What is Fraudulent Use of an Access Device?
Fraudulent Use of an Access Device, under West Virginia Code 61-3-24a, is the act of knowingly obtaining, or attempting to obtain, credit or to purchase or attempt to purchase any goods, property, or service by using a counterfeit, fake, forged, lost, or stolen credit card or the information from any such credit card, beyond the authority given to use such card or without any authority to use such card.
- What is the Penalty for Fraudulent Use of an Access Device (credit card or debit card)?
Fraudulent Use of an Access Device (credit card or debit card) is punished according to the value of the credit, goods, property, or services obtained using the credit card or debit card. If the value is equal to or more than $1,000, it is not less than one (1) nor more than ten (10) years imprisonment. However, should the Judge see fit, the sentence could possibly be reduced to not more than one (1) year in jail and a fine of not more than $2,500.
If the value of the credit, goods, property, or services obtained using the credit card or debit card is less than $1,000, it is punishable by jail time not to exceed one (1) year or a fine of not more than $2,500, or both jail and a fine.
- What if the Fraudulent Credit Card or Debit Card is not actually used?
Under West Virginia law, it is a misdemeanor offense to knowingly receive, possess, acquire, control, or maintain custody over a counterfeit or stolen credit card or debit card. This offense is punishable by not more than six (6) months in jail or a fine of not more than $500, or both jail and a fine.
Shoplifting
- What is Shoplifting?
Shoplifting, under West Virginia Code 61-3A-1, is the act of intentionally taking merchandise without paying the stated price for the item. While the most common forms of Shoplifting is concealing merchandise on your person or leaving the store/passing the last station for purchase without paying, Shoplifting can also be completed by altering transferring or removing a price tag or sticker.
Other forms of Shoplifting include transferring an item from one container to another, causing the cash register or pricing device to reflect less that the merchants stated price for merchandise, or removing a shopping cart from the store premises. Perhaps the most common form of Shoplifting recently, due to the large presence of shopping centers and box stores such as Wal-Mart and Target, is the intentional act of obtaining, or attempting to obtain, an exchange or refund for merchandise which has not been purchased from the store.
- What is the Penalty for Shoplifting?
First-Offense Shoplifting under $500 If the person charged with Shoplifting has never been charged with Shoplifting previously and the value of the items taken are $500 or less, the penalty is a fine of not more than $250.
First-Offense Shoplifting over $500 If the person charged with Shoplifting has never been charged with Shoplifting previously and the value of the items taken are more than $500, the penalty is a fine of $100-$500 dollars, or jail up to sixty (60) days, or both.
Second-Offense Shoplifting under $500 If the value of the items are $500 or less, the penalty is a fine of $100-$500, or jail for not more than six (6) months, or both.
Second-Offense Shoplifting over $500 If the value of the items are more than $500, the penalty is a fine of not less than $500 and jail for six (6) months to one (1) year.
Third-Offense Shoplifting Regardless of the value of the items, a Third-Offense Shoplifting is a felony offense and is punishable by a fine of $500-$5,000 and imprisonment for not less than one (1) year nor more than ten (10) years, with a minimum of one (1) year of confinement not subject to probation.
In addition to the above penalties, each conviction for Shoplifting also carries a mandatory penalty of $50 or double the value of the merchandise taken, whichever is higher, payable to the store from which the items were taken.
Do I Need An Attorney for a Theft Crime?
Because theft crimes can have such an enormous impact on your life if you are convicted, you should contact an experienced and skilled lawyer and secure attorney representation as soon as possible. If you are a WVU student, Morgantown resident, or have been charged in Monongalia, Preston or any West Virginia County with a theft offense, contact Slavey & Shumaker PLLC to schedule a free initial consultation and review of your case.