Case StudiesLarceny & TheftDeNoncourt v. Commonwealth

Larceny & Theft Case Study

DeNoncourt v. Commonwealth

📍 Virginia Court of Appeals📅 2009⚖️ Virginia Code § 18.2-95

Legal Issue

Whether the value of the stolen property was sufficient to support a grand larceny conviction.

Court Holding

The court reversed the grand larceny conviction, finding that the prosecution failed to prove beyond a reasonable doubt that the value of the stolen property exceeded the grand larceny threshold. The court held that the value of stolen property must be proven by competent evidence — not merely by the alleged victim's subjective assessment.

Defense Takeaway

The value of stolen property determines whether the offense is grand larceny (felony) or petit larceny (misdemeanor). D.J. Rivera challenges the prosecution's evidence of value in every larceny case, often retaining independent appraisers to establish that the value was below the felony threshold.

Relevant Virginia Law

This case involves § 18.2-95 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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