Petty Larceny in Virginia: The Law and the Penalties

Patty Larceny in VA Overview

Facing petty larceny charges in Virginia can be anxiety-inducing, especially when you do not have a prior criminal record.

I regularly represent clients who are facing misdemeanor charges and need help fighting to keep a criminal record clean.

I recognize that people can make mistakes, and I also know that law enforcement officials can make errors and charge the wrong person for a crime.

Virginia has very strict laws when it comes to larceny and theft, and it is important to have a dedicated advocate on your side to fight these charges.

Whether you made a mistake that you regret or have been wrongly charged with VA petty larceny, our firm can help you to fight these charges.

Defining Petty Larceny Under Virginia Law?

Virginia law defines various forms of theft as larceny. Generally speaking, larceny, or theft, is defined as a situation in which property is taken unlawfully from one party by another with the intention of depriving the owner of that property permanently.

In other words, a person commits larceny when she or he takes property from someone else and has no intention of returning that property to its owner.

Under the Code of Virginia § 18.2-96, petty larceny in VA (or petit larceny) is defined as one of the following:

• Petit larceny from the person: This is a theft offense in which a person is charged with taking money or property from another person, and the property has a value of less than $5. Larceny from the person is an offense that we commonly think of as “pickpocketing.” If you are charged with larceny in Virginia, you should know that larceny from the person in which the property has a value greater than $5 is charged as a felony offense.
• Petit larceny based on the value of the property: This is a theft offense that is based on the value of the property stolen is less than $500.We often think about this type of larceny or theft as shoplifting. When the value of the money or property stolen is valued at $500 or more, the defendant may be facing felony charges.

Either of the petit larceny types above can be charged as a Class 1 misdemeanor offense.

Penalties for a Class 1 Misdemeanor in Virginia

Under the Code of Virginia § 18.2-11, the punishment for conviction of a Class 1 misdemeanor offense is as follows:

• Confinement in jail for up to 12 months; and/or
• Fine of up to $2,500.

As you can see, the penalties for VA petty larceny are extremely strict in Virginia. You should also keep in mind that these are only the criminal penalties associated with a conviction.

Even if you serve out your sentence fully after a conviction, you can face other penalties in your day-to-day life. For instance, you can be denied credit, a job, or even an apartment because you have a criminal record.

Examples of Virginia Petty Larceny Cases

What does petit larceny, or petty larceny, look like in Virginia?

The following are just a few examples of the types of cases that can be charged as Class 1 Misdemeanor offenses under § 18.2-96:

• Taking $2 out of a person’s pocket while walking by on the sidewalk;
• Taking a pen valued at $4 out of a person’s pocketbook;
• Taking merchandise from a retail store valued at $300;
• Taking $100 in cash out of a retail store cash register;
• Breaking into a laundromat coin-operated machine and taking $5 worth of quarters; and/or
• Taking jewelry from a neighbor’s home valued at $400.

There are many different types of scenarios that can result in petty larceny charges, and the situations listed above are only examples. A dedicated Virginia petty larceny defense attorney can speak with you today about your case.

Defenses to a Virginia Petty Larceny Charge

The penalties for a Virginia petty larceny conviction can be scary for anyone who has never faced criminal charges before. The good news is that there are many different defenses to a petty larceny charge, and I have experience fighting for many different types of people who have faced similar charges. Some common defenses to petty larceny charges include but are not limited to:

• You believed the property was yours;
• You had permission to take the property;
• You were forced to take the property under duress; and/or
• You did not take the property and have been wrongly accused.

Contact us today at 540-318-5824 to discuss your case and learn how we can help you.

Frequently Asked Questions:

What is petty larceny in Virginia?

Petty larceny in Virginia, also written as petit larceny, is the unlawful taking of property belonging to another person with the intent to permanently deprive them of it, where the value of that property falls below the felony threshold. Under Virginia Code Section 18.2-96, petit larceny includes taking property directly from a person valued at less than $5, or taking property not from a person valued at less than $1,000. A conviction is treated as a Class 1 misdemeanor, the most serious misdemeanor classification in Virginia.

What is the difference between petty larceny and grand larceny in Virginia?

The dividing line in Virginia is primarily the value of the property taken. Grand larceny applies when property taken from a person is valued at $5 or more, or when property not taken directly from a person is valued at $1,000 or more. Grand larceny is a felony, while petty larceny is a Class 1 misdemeanor, which still carries serious consequences including up to 12 months in jail and a fine of up to $2,500. Beyond the criminal penalties, a larceny conviction of any kind can follow you on background checks for jobs, housing, and credit applications.

What are the penalties for a petty larceny conviction in Virginia?

A petty larceny conviction in Virginia is a Class 1 misdemeanor, which carries a potential jail sentence of up to 12 months and a fine of up to $2,500. Beyond those direct criminal penalties, a conviction creates a permanent criminal record that can affect your ability to get a job, rent an apartment, obtain professional licenses, or pass a background check. Because the collateral consequences of a larceny conviction can follow you for years, fighting the charge rather than simply paying a fine is almost always worth exploring with a defense attorney.

Can a petty larceny charge be dismissed in Virginia?

Yes, there are several potential paths to dismissal for a Virginia petty larceny charge. Depending on the facts of your case, an attorney may be able to challenge the evidence, negotiate with the prosecutor, or seek a deferred disposition that results in dismissal after you meet certain court-ordered conditions. First-time offenders in particular often have options that are not obvious without legal advice. The best first step is to consult with a Virginia criminal defense attorney before going to court, because how your case is handled early can significantly affect the outcome.

Contact Petty Larceny Defense Attorney Andrew Flusche

Have you been charged with petty larceny in VA? You should get in touch with an aggressive Virginia petty larceny defense lawyer as soon as possible to begin building your defense. I am dedicated to helping individuals who are facing misdemeanor charges and can discuss your options with you.

Contact my office today for more information.