larceny-criminal-offenses-in-virginia

Arrested for Larceny in Virginia? Here’s How Our Manassas Criminal Defense Lawyers Provide the Information and Strategy You Need

Larceny is a theft-related crime that can be charged as a misdemeanor or felony in Virginia. If convicted, you could be sentenced to a lengthy jail or prison sentence. At The Wilson Law Firm, our skilled legal team believes that all our clients are entitled to a strong defense, even if they committed an alleged crime. When you retain us, we’ll raise all of your defenses, which could result in the charges being dismissed or reduced to a minor offense—even if you’re guilty. 

What Is Petit Larceny in Virginia?

Larceny is defined as the wrongful taking of something from a person with the intent to permanently deprive the owner of it. To convict you of larceny, the prosecutor must prove the following elements:

  1. The property taken must be owned by someone else.
  2. The wrongful taking of property or something else of value must be intentional.
  3. You must have carried away the property.
  4. Taking the property was done without the owner’s consent.
  5. You must have intended to deprive the owner of their property permanently.

Under Virginia Code §18.2-96, you can be charged with petit larceny, which is a Class 1 misdemeanor, if you do one of the following:

  • Steal from another person either money or something else of value that is worth less than $5.
  • Wrongfully take property that isn’t on a person and is worth less than $1,000.

What Is Grand Larceny in Virginia?

The elements of grand larceny are similar to petit larceny. However, the value of what’s stolen is often more than $1,000. Grand larceny is a Class U felony in Virginia. You can be charged with this crime under Virginia Code §18.2-95 for any of the following:

  • You steal money or something else worth $5 or more from a person.
  • You wrongfully take property that’s worth $1,000 or more.
  • You wrongfully take a gun owned by someone that isn’t on their person, regardless of the weapon’s value.

Larceny With the Intent to Sell or the Sale or Attempted Sale of Stolen Property

Under Virginia Code §18.2-108.01, two other felony larceny crimes you could be accused of are:

  • Larceny with the intent to sell property worth $1,000 or more
  • Larceny involving the sale or attempt to sell stolen property with a value of $1,000 or more. 

This statute states that the larceny of more than one item of the same property is direct evidence of the intent to sell the property. Any charges under this law are a separate offense from grand larceny or other criminal charges.

Penalties for a Larceny Crime in Virginia

The punishments you face if you’re convicted of a misdemeanor or felony larceny crime can be harsh and include incarceration, even if this is your first offense. In addition, you’ll have to deal with the long-term consequences of a permanent criminal record. The ramifications might be more severe because you would have been convicted of a theft crime, which may make you appear untrustworthy to prospective employers and landlords. 

A judge could impose these sentences:

  • Petit larceny. You could be sentenced to up to 12 months in jail and ordered to pay a fine not to exceed $2,500.
  • Grand larceny. Grand larceny is punishable by a minimum of one year to up to 20 years in prison and a maximum fine of $2,500. But the judge or jury can instead sentence you to the same punishments as for petit larceny.
  • Larceny with intent to sell. Larceny of property worth $1,000 or more with the intent to sell is a Class U felony with a possible prison sentence of not less than two years to up to 20 years in prison, and a $2,500 fine. 
  • Larceny with sale or attempted sale of stolen property. If you’re convicted of larceny of property worth $1,000 or more and the sale or attempted sale of the stolen property, this is a Class 5 felony with the same possible punishments as grand larceny.

Our criminal defense lawyers at The Wilson Law Firm may be able to raise strong defenses that can help you achieve a better outcome in your criminal case. For example, if the police made mistakes in the criminal investigation, collected evidence without a valid search warrant, or mishandled the evidence being used against you, we may be able to file a motion to suppress evidence. By developing an aggressive defense strategy, we may be able to get the charges dropped or reduced to a less serious offense that may keep you out of jail or prison through a plea bargain.