Car Theft Defense
Arrested for Grand Theft Auto in Norfolk?
While car theft has become less of an issue in recent years, it still is one of the most common crimes committed across the country. Because cars usually have a property value that exceeds $200, Virginia considers auto theft to be grand larceny. Larceny is a crime composed of trespassing and transporting.
Auto theft is a felony in Virginia and a convicted offender can face a maximum of 20 years in jail. Virginia requires a minimum of one year in prison and you could be forced to pay a fine up to $2,500. If you even aid in the driving away of another person's motor vehicle, you could face severe criminal penalties. Buying, receiving, concealing or aiding in the concealment of any stolen motor vehicle is a criminal offense as is using a motor vehicle without authorization.
The following Virginia statutes cover car theft:
- §18.2-102- unauthorized use of a vehicle
- §18.2-117- failure of bailee to return vehicle
- §18.2-206- procuring a vehicle with intent to defraud
- §18.2-58.1- carjacking
Defenses for Auto Theft
If you had permission to borrow someone else's car, but that person rescinded that permission, we can help you prove that it was a miscommunication. This situation is not uncommon for roommates, boyfriends/girlfriends or individuals living in a dorm. It is not uncommon for someone to be on the outs with another and to call the police and report that their car has been stolen.
Another defense that could be used is mistake of fact. If you were sold an automobile, given an automobile to drive or you believed that the person who loaned you the vehicle was the actual owner when they were not, mistake of fact could apply. Another defense that could be used is that you were not permanently attempting to deprive someone of their vehicle, but were merely joyriding.
In order to be convicted of auto theft, the prosecution must prove:
- The vehicle belonged to someone else
- You took possession of the vehicle and took it away
- That this act was done without the owner's permission
- That you intended to take possession of the vehicle and take it away
Regardless of the details surrounding your case, a Norfolk criminal defense attorney at Curcione Law will craft the most air-tight defense for you!
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