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Grand Larceny For Throwing A Cell Phone In Water

Richmond, VA |

So I was wondering, Hypothetically speaking of course. I know a person who had a clean background except for a petty larceny and marijuana misdeameaner charge roughtling a year ago. This person got into an argument with his girlfriend long story short her cell phone ended up in the water during the disagreement. They charged the man with grand larceny. Its really his word vs hers, The person also heard theyre was a witness. Hes a pretty cleancut kind of guy has been pretty good since his last time he got in trouble, Works a job full time goes to school and was released on on recognance. Should he work something out with the girl? Should he talk directly to the DA? He does not want to risk trial being the fact that he still has 90 days over his head from the year ago.

Check this out, He saw the girl today she was rushing to give him a deal for 200 to drop everything, I know its still up to the DA. He noticed that the girl had the cell phone she claimed was broken and is now using it. My friend managed to get video and camera footage of her using the claimed broken phone. What would be the best plan of acting with this material.

Attorney Answers 3


  1. He needs to talk to an attorney, not the girl (who can testify against him regarding his statements), and certainly not the person whose job it is to convict him. His attorney will have a duty to protect his legal interests; why on earth would he want to talk to the two people who are acting against that interest.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  2. Grand larceny is generally a crime that means that a person deprives someone of property, in this case a phone, with the intent of permanently depriving the person of it. In this case, throwing it in the water could certainly be considered as evidence that he intended to deprive her of it. Grand larceny also requires that the value of the item be in excess of $200. I suspect that most cell phones or smart phones would qualify and the court will likely determine value based on the cost to replace it. Sometimes, if the phone is replaced, it could be considered mitigating evidence and possibly result in a reduction to a misdemeanor or even a dismissal all together of the charge.


  3. He should not contact the girl nor the prosecutor. This person is charged with a felony offense, although honestly it sounds more like misdemeanor destruction of property (assuming the phone is worth less than $1000). He should consult with an attorney in the Richmond area and follow his/her instructions. Hypothetically.