How Does Virginia Define & Punish Larceny Crimes?

Larceny is a type of theft crime in Virginia that comes in many forms. Depending on the value of property in question — and the circumstances of the offense — larceny can lead to misdemeanor or felony charges and corresponding punishment.

In order to comprehend the subtleties of larceny in Virginia, it is vital to understand the difference between crimes that occur “from the person” or “not from the person.” When a larceny crime occurs “from the person,” it happens from the person or presence of the victim (like pickpocketing). When a larceny crime occurs “not from the person,” it happens outside of the person or presence of the victim.

What is Petit Larceny?

Code of Virginia Section 18.2-96 furnishes the laws against petit larceny. Under this section, petit larceny occurs upon the theft of:

• Less than $5 in value, if the crime happens from the person; or
• Less than $1,000 in value, if the crime happens not from the person.

Section 18.2-96 also explains the punishment for petit larceny. Under this section, petit larceny is typically charged as a Class 1 misdemeanor. If convicted, the penalties can include criminal fines up to $2,500 and a jail sentence of up to one year.

What is Grand Larceny?

Code of Virginia Section 18.2-95 provides the laws against grand larceny. Under this section, grand larceny occurs upon the theft of:

• More than $5 in value, if the crime happens from the person;
• More than $1,000 in value, if the crime happens not from the person;
• Any firearm, regardless of the firearm’s value and the circumstances of the crime.

Section 18.2-95 also details the punishment for grand larceny. Under this section, grand larceny is usually charged as a felony. If convicted, the penalties can include criminal fines up to $2,500 and a person sentence between one and 20 years.

What is Larceny with Intent to Sell/Distribute?

Code of Virginia Section 18.2-108.1 establishes the laws against larceny with intent to sell or distribute. Under this section, it is illegal to:

• Commit larceny of property worth $1,000 or more; and
• Demonstrate an intent to sell or distribute the stolen property.

When someone commits larceny with respect to multiple items of the same product, it can serve as prima facie evidence of an intent to sell or distribute.

Section 18.2-108.1 also explains the punishment for larceny with intent to sell or distribute. Under this section, larceny with intent to sell or distribute is usually charged as a felony. If convicted, the penalties can include criminal fines and a person sentence between two and 20 years.

Do You Need Legal Help?

If you need legal assistance with Virginia charges for larceny or other crimes, it can be highly effective to schedule a consultation with an accomplished Leesburg criminal defense lawyer. With proven experience in criminal defense, the lawyers at Simms Showers LLP can help fight back against charges for larceny and other crimes. If you need legal help with criminal defense, contact us today for a free initial consultation.

SOURCES:

law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-95/

law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-96/

law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-108.01/