Legal Question in Criminal Law in Virginia

Fraud and Larceny charges

I am the guardian of a college student in VA. He went to the mall with three friends, one of whom had stolen a credit card. They bought merchandise. My child allowed his friend to purchase a necklace and bracelet for him using the credit card. He did not make the purchase and did not know the card was stolen prior to going to mall. He has been charged with fraud and larceny. The amount says $200 on the charges but his merchandise totaled $67. What are the worst/best case scenarios for penalties. He has never been in trouble at all. He is 20 and was planning to join the military in May. Please advise.


Asked on 3/03/06, 11:43 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Fraud and Larceny charges

These are all very good questions for the competent criminal defense counsel whose services must surely have been engaged by now in

your son's behalf, either through appointment of such counsel by the court or by way of private retainer.

Read more
Answered on 3/03/06, 1:34 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Fraud and Larceny charges

Grand Larceny and Credit Card Fraud. Both serious felonies. Grand Larceny has a maximum of 20 years and Credit Card Theft 10. You need a very good lawyer. Be prepared to pay a minimum of $2500. Do not skimp.

If he knew the cards were stolen at the time he let his friend use them in his behalf then he is guilty of the Fraud. If the aggregate amount of charges on the card in this shopping spree (of which he was a part whether the items were specifically for him or not) was more than $200 then he is guilty of Grand Larceny.

I will assume he has no criminal record. I can only guess the sentencing guidelines because I do not have them in front of me but he is looking at two ten year sentences. The judge will probably suspend a great majority of those sentences but he is still subject to six to twelve months active jail time on each. If he has a prior record, especially for theft, he is subject to more.

I cannot stress the importance of good counsel. Deals are made every day and you only have one shot at this.

Good luck.

Read more
Answered on 3/03/06, 8:49 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia