Multiple theft convictions from one incident date – Virginia criminal lawyer

Multiple theft convictions can prove a bigger headache for criminal defendants than one larceny conviction. As a Virginia criminal lawyer, I know the scarlet letter represented by even one theft conviction and the need to fight such prosecutions fully.

Virginia criminal defense lawyer on trial judges’ wide discretion whether to allow more than one larceny conviction from the same incident date

Prosecutors do not have the power to obtain more than one larceny conviction for one incident date. That authority rests with the trial judge in considering the totality of the circumstances. Pollard v. Virginia, Record No. 1137-18-2 (Va. App., June 18, 2019) (unpublished).

Fairfax criminal lawyer on the test for whether more than one larceny conviction may arise from the same incident date

The Virginia caselaw for determining whether multiple theft convictions can arise from the same incident date is as follows:

“A series of larcenous acts will be considered a single count of larceny if they ‘are done pursuant to a single impulse and in execution of a general fraudulent scheme.’ West v. Commonwealth, 125 Va. 747, 754, 99 S.E. 654, 656 (1919). We must consider the following factors when deciding whether the single larceny doctrine applies: (1) the location of the items taken, (2) the lapse of time between the takings, (3) the general and specific intent of the taker, (4) the number of owners of the items taken and (5) whether intervening events occurred between the takings. See Richardson v. Commonwealth, 25 Va.App. 491, 497, 489 S.E.2d 697, 700 (1997). ‘The primary factor to be considered is the intent of the thief․'” Acey v. Virginia, 29 Va.App. 240 (1999).

Fairfax criminal defense attorney on why Pollard got convicted for more than one theft count

The Virginia Court of Appeals denied Arien Pollard’s claim that his second of two theft convictions from the same incident date should be dismissed because two distinctly separate theft events took place that were planned consecutively from each other and therefore permitted more than one theft conviction. Pollard. 

Fairfax County criminal attorney on whether it is better to receive more than one misdemeanor theft conviction rather than one felony theft conviction

Of course, if more than one theft action is consolidated into one count, that might cause the total value to reach the $500 felony theft threshold, when some defendants might prefer to receive more than one larceny conviction than one felony theft conviction. In any event, larceny prosecutions need to be fully defended.

Virginia criminal defense lawyer Jonathan L. Katz pursues your best defense against theft, larceny, embezzlement, financial fraud, felony, and misdemeanor prosecutions. To discuss your case with Jon Katz, please schedule a confidential consultation through his staff at 703-383-1100.