CrimLaw

Virginia's Crime Commission is preparing to revamp the criminal code. Good. Maybe they will fix the ridiculously low (and embarrassing) grand larceny requirements. Maybe they will actually list the elements of crimes rather than merely listing punishments (leaving you to search for elements in Groot's book or the case law). Maybe they'll scrap the whole larceny, embezzlement, crimes punished as larceny system for a simpler "theft" system as is found in many States. Maybe they'll do away with the ridiculous 20 year penalty for larceny in favor of a 5 year penalty (or at least stagger the max by amount taken). It is incredibly rare to see a larceny actual be punished with more than 3 years even with the 20 year max now available. The stiffest penalty any of my clients has received for a larceny by itself was 5 years and the guidelines recommended about 1 1/2 years - this judge was the only one I've seen decide he should punish contrary to the guidelines in a larceny case. Maybe they can stop the abuse by merchants who use prosecutors - as their collectors by filing criminal charges on checks or repo men by filing "hiding your car in another State" charges on people who won't turn their cars back over when they can't keep paying - rather than going thru the hassles of civil court like they are supposed to.

&cetera. &cetera. &cetera.

I suspect that the Legislature will not allow substantive change. We'll see a re-arrangement in a more orderly manner (maybe) and perhaps (if the legislature is brave) a rise in the felony larceny level from $200 to $400 or $500.