|
Have you been a
victim of
Larceny or Theft
or
charged with Larceny
or Theft in West Virginia?
Have your rights in West Virginia
been violated? Have you been falsely accused? We can help.
Contact Us
immediately
for a FREE case evaluation and answers
to your questions Find out
if you have a case in West Virginia and what
to do if you do.
West Virginia Larceny
& Theft:
- The unlawful taking and removing of another's personal property with the
intent of permanently depriving the owner; theft.
West Virginia Penal Code
Did You Know?
A misdemeanor is any
other crime except those public offenses classified
as infractions. See id. Many criminal offenses,
however, fall into the category known as “wobblers.”
These are crimes that are not statutorily defined
as either felonies or misdemeanors. Whether a wobbler
will be considered a felony or misdemeanor in a
particular case depends upon the prosecutor’s charging
decision and the actual punishment imposed by the
trial court. See id. § 17(b)
(West Supp. 1998) (describing
circumstances under which such crimes are considered
misdemeanors); see also Loren L. Barr, Comment,
The “Three Strikes” Dilemma: Crime Reduction at
Any Price?, 36 SANTA CLARA L. REV.107, 117-19 (1995)
(describing prosecutorial discretion in charging
a wobbler as a felony and the authority of the trial
court to then reduce it to a misdemeanor).
A large number of crimes
qualify as wobblers including petty theft with a
prior petty theft or felony conviction. See id.
at 117 n.91. 8. See CAL. PENAL CODE § 667(c)(5)
(West Supp. 1998); see also id. § 2933.1(a) (limiting
the worktime credits).
Source:
Loyola
Law School
Got
questions? See what a West Virginia Attorney can do for you. Contact
us immediately
for a FREE case evaluation and answers
to your questions.
West Virginia
Lawyer - Cities We Serve:
Criminal Defense Attorney
|
