Effects of Charge Type on Pretrial and At-trial Outcomes: Evidence from Larceny Reform in Virginia

• In Event: Charge and Offense Type Differences in Pretrial Decisions and Outcomes

Abstract

We examine a policy change in Virginia in that shifted certain larcenies from being charged as felonies to being charged as misdemeanors. The analysis focuses on legislation that took effect in July 2018 and raised the threshold for certain larcenies to be charged as misdemeanors from $200 to $500. We construct a comparison group of individuals facing charge categories that are charged as felonies at similar rates prior to the legislation and which the legislation did not affect. We find that while being charged with a misdemeanor did not change whether a person is likely to be released, it did shorten the length of time a person was detained between arrest and release. Being charged with a misdemeanor rather than a felony did not cause a person to be any more likely to be arrested on a new offense during the pretrial period, nor be more likely to fail to appear for a court hearing. Being charged with a misdemeanor caused a person to be 40% less likely to be convicted of any charge associated with their original arrest, and reduced the probability that a defendant was sentenced to 12 months or more.

Author

• Ariel BenYishay, William & Mary