What is the sentencing guidelines for check theft/forgery?
Full Question:
What is the sentencing guidelines for check theft/forgery. Is it also considered a federal offense?
A check was stolen. The signature forged and the check cashed in the amount of $200.00.
The forger is an adult.
11/29/2007 |
Category: Criminal |
State: Virginia |
#13033
Answer:
The following are Virginia statutes:
§ 18.2-178. Obtaining money or signature, etc., by false pretense. —
A. If any person obtain, by any false pretense or token, from any
person, with intent to defraud, money, a gift certificate or other
property that may be the subject of larceny, he shall be deemed guilty of
larceny thereof; or if he obtain, by any false pretense or token, with
such intent, the signature of any person to a writing, the false making
whereof would be forgery, he shall be guilty of a Class 4 felony.
B. Venue for the trial of any person charged with an offense under this
section may be in the county or city in which (i) any act was performed
in furtherance of the offense, or (ii) the person charged with the
offense resided at the time of the offense.
§ 18.2-10. Punishment for conviction of felony; penalty. —
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, if the person so convicted was 18
years of age or older at the time of the offense and is not determined to
be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for
life and, subject to subdivision (g), a fine of not more than $100,000.
If the person was under 18 years of age at the time of the offense or is
determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the
punishment shall be imprisonment for life and, subject to subdivision
(g), a fine of not more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term not
less than 20 years and, subject to subdivision (g), a fine of not more
than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five
years nor more than 20 years and, subject to subdivision (g), a fine of
not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two
years nor more than 10 years and, subject to subdivision (g), a fine of
not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one
year nor more than 10 years, or in the discretion of the jury or the
court trying the case without a jury, confinement in jail for not more
than 12 months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one
year nor more than five years, or in the discretion of the jury or the
court trying the case without a jury, confinement in jail for not more
than 12 months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in
Class 1 felonies for which a sentence of death is imposed, the court
shall impose either a sentence of imprisonment together with a fine, or
imprisonment only. However, if the defendant is not a natural person, the
court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the
court may, and (ii) on or after July 1, 2000, shall, except in cases in
which the court orders a suspended term of confinement of at least six
months, impose an additional term of not less than six months nor more
than three years, which shall be suspended conditioned upon successful
completion of a period of post-release supervision pursuant to § 19.2-295.2
and compliance with such other terms as the sentencing court may
require. However, such additional term may only be imposed when the
sentence includes an active term of incarceration in a correctional
facility.
For a felony offense prohibiting proximity to children as described in
subsection A of § 18.2-370.2, the sentencing court is authorized to
impose the punishment set forth in subsection B of that section in
addition to any other penalty provided by law.