What's the Difference Between Grand Larceny and Petit Larceny?

In Virginia, various criminal offenses are often referred to by names that most people do not understand. The Commonwealth classifies its theft offenses as either grand larceny or petit larceny. The consequences for each offense vary significantly.

Grand larceny is the more serious offense of the two. It involves the larceny, or taking and carrying away, from another person, something of value $5 or more; stealing $200 or more in goods; or stealing a gun of any value. Anyone found guilty of grand larceny will face a felony conviction, which results in at least 1 year in prison and up to 20 years in prison, and/or a $2,500 fine.

Petit larceny is less serious than grand larceny, but still carries significant penalties. Petit larceny involves the taking and carrying away, from another person, something of value less than $5, or the taking and carrying away goods worth less than $200. A guilty finding of petit larceny is a class 1 misdemeanor. Penalties include imprisonment up to 1 year and/or a $2,500 fine.

Theft offenses always depend on the value of goods taken, and because there is a clear line that sets the difference between each offense, the consequences can often be quite ruthless. For example, someone that steals $199 in goods from a clothing store can face at most 1 year imprisonment and/or a fine, whereas someone that steals $200 in goods from a clothing store can face up to 20 years imprisonment and/or a fine.

If you have been charged with a theft offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure now for a free consultation: (703) 916-1227.

What is the Difference Between a Felony and Misdemeanor in Virginia?

In Virginia, like most states, criminal offenses are broken into two categories: felonies and misdemeanors. However, Virginia is a bit different in how they break down various felonies and misdemeanors. Virginia's criminal code uses a class system to distinguish between the penalties for various crimes.

A criminal offense that results in a felony conviction is more serious than an offense that results in a misdemeanor conviction. Virginia's felony system is broken into six different classes. A class 1 felony is the most serious type of crime and a class 6 felony is the least serious of the felony offenses. A class 1 felony can result in the death penalty or life imprisonment and a fine up to $100,000. A class 6 felony results in imprisonment for at least one year, but no more than five years, and a fine up to $2,500.

Virginia's misdemeanor system is broken into four classes, with a class 1 misdemeanor being the most serious. A class 1 misdemeanor will result in imprisonment up to 1 year and a fine up to $2,500. A class 2 misdemeanor will result in imprisonment up to 6 months and a fine up to $1,000. Class 3 and 4 misdemeanors do not result in jail time, and instead result in $500 and $250 fines, respectively.

If you've been charged with a crime in Virginia, call the experienced criminal defense attorneys at Portner & Shure for a free consultation: (703) 916-1227.

The Importance of Hiring an Attorney for your DWI in Ashburn

Virginia is known as being one of the most strict states for traffic and criminal offenses. Drunk driving charges are no different. A DWI in Virginia is a very serious offense and results in serious penalties. If you are charged with a DWI, you should hire an experienced drunk driving attorney in Virginia to represent you. In some counties, it can make the difference between jail time or just community service.

Ashburn, Virginia, located in Loudoun County is one of those counties in the Commonwealth where it can make a huge difference to have an attorney in your DWI case. Luodoun County judges favor sentencing DWI offenders to jail time, whether it be for a few days, weeks, months, or years. Your attorney can discuss your case with the Commonwealth Attorney and try to work out an agreement where the Court accepts community service in lieu of any jail time. That cannot happen without an experienced attorney on your case.

If you've been charged with a DWI in Ashburn, Virginia, call the experienced drunk driving attorneys at Portner & Shure today for a free consultation and don't risk being sent to jail. Call now: (703) 916-1227.

Drugged Driving Responsible for More Deaths than Drunk Driving

A new study was released today by the Governors Highway Safety Association that showed, for the first time, drivers killed in accidents are more likely to be under the influence of drugs than alcohol. The data used for this study was compiled from 2015, and it showed that 43% of drivers tested in fatal accidents had some form of legal or illegal drugs in their system. Compare that number to just 37% of drivers tested having alcohol in their system at the time of the fatal accident.

This data is quite surprising for researchers because government officials and police officers devote much of their time and effort combating drunk driving. Drugged driving is almost never mentioned. With these new results, officials are certainly expected to expand their focus to include drugged driving checkpoints.

Additional data from the study also showed that of the 43% that tested positive for having drugs in their system, more than one-third of them had marijuana in their system. Many people believe that marijuana has minimal effects on a person's body, but the results of this study certainly tell a different story. As a driver, you need to be able to react to the driving conditions in a split second. Marijuana and other drugs inhibit a person's ability to react quickly.

It is interesting to note that while drunk driving remains a major problem in all roadways, it has been declining in recent years. However, as all resources have been devoted to reducing the number of alcohol related deaths on the roads, fatal accidents caused by drugged drivers have certainly taken a back seat. That is likely to change with these results.  More and more states are legalizing marijuana, yet the number of fatal accidents caused by drivers who tested positive for marijuana is skyrocketing.

If you have been charged with drunk or drugged driving in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Can You get Criminal Charges Expunged in Virginia?

One of the most common questions we receive at Portner & Shure is whether someone can have their criminal charges expunged from their record. People are often very worried about criminal charges or serious traffic offenses appearing on a background check for work or school.

The laws in Virginia pertaining to expungement are largely the same as in most other states. You are entitled to have your charges expunged when any of the following occurs: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual's name used in error. If your charges fall into one of these categories, you are eligible to have your charges removed from the public databases and sealed. In other words, these charges would no longer appear on a background check.

If you fall into one of the categories above and are eligible for expungement, you ahve to fill out a form that can be found here (http://www.courts.state.va.us/forms/circuit/civil.html) and file it in court. There will be a filing fee. Once it is filed, a Judge will then review your case and grant or deny your expungement.

Unfortunately, if you are found guilty, you cannot have your conviction expunged.

If you have been charged with a crime or traffic offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Charged with DWI in Virginia and you are from Out-of-State?

People are charged with drunk driving offenses every single day. Sometimes, people are charged with a drunk driving offense in a different state than the one in which they hold a driver's license. There are criminal charges associated with drunk driving, but there are also administrative issues regarding your driver's license as well. People often forget about the administrative consequences they can face when charged with a drunk driving offense.

In Virginia, if you are charged with a DWI and you hold an out-of-state driver's license, the Virginia police officer cannot confiscate your license as he/she would if you held a Virginia license. Instead, your PRIVILEGE to drive in Virginia is suspended for a period of time. That means that if you are caught breaking any kind of traffic law, the police officer will see that your privilege to drive in Virginia is suspended and you may face additional traffic charges. It is best to avoid driving in Virginia for the designated suspension period in order to avoid any additional consequences.

It is also best to hire an experienced Virginia DWI attorney to represent you in your case so that you can be counseled on the possible consequences. Your attorney can inform you about criminal consequences and administrative consequences that result from a DWI.

If you've been charged with a DWI in Virginia, call the attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Virginia DWI Lawyer: Statistics Show Decreased Alcohol-Related Fatal Accidents

Every year, states across the country continue to strengthen their drinking and driving laws to make the roads safer for all drivers. Virginia is no different and is considered by many to be one of the strictest states for DWI penalties.

On year ago, we wrote about statistics from 2015 regarding the number of fatal accidents caused by drunk drivers in Virginia, as well as the number of DWI arrests in Virginia. In 2015, there were 241 fatalities linked to drunk driving in Virginia and 20,768 DWI arrests. Preliminary numbers for 2016 have been compiled by MADD and they continue to show a downward trend. In 2016, there were 208 fatal accidents caused by drunk drivers and 20,477 DWI arrests. While these numbers are still far too high, it is a good sign that recent downward trends are continuing. This decrease is likely due, in large part, to the increased presence of ride-sharing companies like Uber and Lyft. Another reason for a decrease could be related to stricter ignition interlock requirements. Whatever the cause may be, it is a good sign to see that these numbers continue to trend down.

Virginia has come a long way in terms of fatal drunk driving accidents and DWI arrests. In 1990, there were 17,000+ drunk driving related accidents, 535 fatalities, and 42,000+ DWI arrests. Drunk driving laws are likely to continue to be amended to include stricter penalties. It will be interesting to see what numbers for 2017 will look like to see if the downward trend continues.

Driving drunk should NEVER be an option, especially today when it is very easy to request a ride with Uber or Lyft. If you are caught driving drunk in Virginia, be prepared to face significant consequences, and hire an experienced attorney. Call the attorneys at Pornter & Shure today for a free consultation: (703) 916-1227.