Virginia Defendant Successfully Appeals Grand Larceny Conviction | Robinson Law, PLLC

 Posted on May 15, 2022 in Criminal Defense

In a recent case involving grand larceny in the Commonwealth of Virginia, the defendant successfully appealed his guilty conviction by arguing that the Commonwealth lacked sufficient evidence to prove him guilty. After agreeing with the defendant’s main argument, the court of appeals vacated his conviction and dismissed his indictment.

Facts of the Case

According to the opinion, the defendant was working as a general contractor for a school in Norfolk when he was criminally charged. As part of his work, the defendant was installing a fire suppression system and was going to the construction site regularly to perform his duties. Around that time, an individual stole tools from a large brown box, and the police later named the defendant as a suspect in this theft. He was charged and, eventually, his case went to trial.

The primary evidence the prosecution presented at trial was a surveillance video that supposedly showed the theft in question. The video showed a man reaching into the box, lifting tools from the box, and putting the tools in the bag. The video did not show how many tools, or which tools exactly, were placed into the bag. The prosecution clearly established that the defendant was the person in the surveillance video.

The Decision

After the defendant was found guilty, he appealed, arguing that the video could not definitively establish that he was the one who committed the crime. According to the defendant, it was unclear exactly when the video was recorded, and the day and time were not authenticated. What’s more, the video alone, with or without a date, was insufficient to prove that the defendant should be found guilty of the theft.

Considering this argument, the court agreed with the defendant on multiple counts. First, said the court, the prosecution offered no legitimate evidence to prove that the video was recorded the same day that the tools were stolen. Additionally, there was no evidence proving that the defendant did not have permission to take the tools in the box. At the time, he was working on-site and theoretically would have had access to the tools he needed to perform the job. Given this reality, the prosecution needed to offer some kind of proof that the defendant lacked permission to take the tools in the video. Lastly, said the court, the prosecution failed to show that the tools in the video were the same tools that were stolen. These elements were all essential to the prosecution’s case, and in their absence, the defendant’s argument was sound.

Given the gaps in the prosecution’s case, the court agreed with the defendant that there was insufficient evidence to find him guilty. The court thus vacated the defendant’s conviction.

Have You Been Charged with Theft in Virginia?

If you or a loved one is facing theft charges in Virginia, give us a call at Robinson Law, PLLC. We offer representation that is responsive to your individual needs so that you can focus on what matters most to you. For your free consultation, you can call us 24/7 at 703-542-3616.