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Samuel II
Samuel II, Attorney at Law
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Experience:  Handle criminal matters in both state and federal courts.
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i need help knowing what sentencing to expect from the judge.

Customer Question

i need help knowing what the sentencing guideliness recommend for my convictions. i've been convicted of two felonies grand larceny Va.code 18.2-95 and intent to sell Va.code 18.2-108.01

my indictment is for grand larceny and larceny with intent to distribute.
count 1 is the Va.code 18.2-95 which states that i did feloneously take,steal and carry away property from best buy inc. valued in excess of $200

count 2 is Va.code 18.2-108.01 which states that i did feloneously take,steal and carry away property from best buy inc valued in excess of $200 with the intent to sell or distribute such property.
both charges were for the crime commited on the same day at the same time

and i have a prior felony conviction 5 years ago of possesion of burglary tools for which i got probation for 10 months and no jail time
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

hi

 

here are the VA laws in that regard

 

§ 18.2-95. Grand larceny defined; how punished.

 

Any person who

(i) commits larceny from the person of another of money or other thing of value of $5 or more

(ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or

(iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.

 

§ 18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty.

 

A. Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.

 

B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.

 

C. A violation of this section constitutes a separate and distinct offense.

 

§ 18.2-10. Punishment for conviction of felony; penalty.

 

The authorized punishments for conviction of a felony are:

 

(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.

 

(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

 

(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.

 

(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.

 

(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

 

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

 

(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.

 

For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.

 

For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in that section in addition to any other penalty provided by law.

 



Edited by Samuel-II on 4/1/2010 at 1:49 PM EST

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