Virginia Grand Larceny Attorney

Virginia Larceny Law

In Virginia, larceny constitutes theft, as defined by the courts. It involves the unlawful appropriation of valuable items belonging to another individual, done without consent and with the intent to permanently deprive. Grand larceny is classified as a felony, while petit larceny is considered a misdemeanor. Grand larceny charges are applied when the stolen goods exceed a value of $1000, whereas petit larceny charges are applicable when the value falls below this threshold.

Similarly, concealment, or shoplifting, is a crime in Virginia. It follows the same classification as larceny, with felony and misdemeanor distinctions based on the value of the stolen goods. If the merchandise’s value is below $1000, it is deemed a misdemeanor, while exceeding this value results in a felony charge.

Enforcement of these laws, including Shoplifting, Grand Larceny, and Petit Larceny, is carried out by police and prosecutors in Alexandria, Arlington, and Fairfax, specifically targeting Northern Virginia businesses and residents.

• Grand Larceny, as defined by Virginia Law 18.2-95, constitutes a felony offense in Virginia, carrying a maximum penalty of 20 years’ imprisonment. This charge applies when the stolen property’s value exceeds $1,000 or if the theft involves items taken directly from a person and valued over $5.

• Petit Larceny, a lesser offense compared to Grand Larceny, is outlined in Virginia Law 18.2-96. Petit Larceny is classified as a misdemeanor in Virginia, punishable by a maximum of 1 year in jail. It applies when the value of the stolen property is below $1,000.
• Shoplifting or concealing merchandise, which involves stealing from a store, can be prosecuted as Felony Grand Larceny/Concealment if the value of the goods exceeds $1,000. Alternatively, it may be charged as a Misdemeanor Petit Larceny if the value is below $1,000, according to Virginia Law 18.2-103.

Offense Description	Crime Classification	Max Jail Sentence	Max Fine
Petit Larceny < $1,000	Class 1 Misdemeanor	12 months	$2,500.00 Fine
Grand Larceny > $1,000	Class U Felony	20 Years	$2,500.00 Fine
Larceny w/ Intent to Sell	Class U Felony	20 Years	$2,500.00 Fine

Felony Larceny – Grand Larceny

Grand Larceny, classified as a Virginia felony larceny, encompasses three distinct acts:

1. Theft of items valued at $1,000 or more from a location.
2. Theft of items worth $5 or more directly from an individual’s possession.
3. Theft of a firearm or gun, irrespective of its value.

Punishment for Grand Larceny falls under VA Code Section 18.2-95, with potential sentencing of up to 20 years in prison upon conviction.

First Offense Grand Larceny 

Facing first offense felony grand larceny charges in Virginia is a grave matter, necessitating consistent legal representation due to the substantial likelihood of incarceration. Contrary to common misconception, initial felony charges of grand larceny are not easily dismissed. Being a first-time felony offender does not automatically warrant case dismissal under Virginia law. Instead, you’ll either undergo trial to pursue a Not Guilty verdict, or your attorney will seek leniency negotiations, potentially aiming for a misdemeanor charge in General District Court (or better, if circumstances allow), or petitioning for a felony disposition from a Circuit Court judge. Subsequent offenses increase the probability of imprisonment in Virginia. Whether it’s your first, second, or third offense, retaining legal counsel is strongly advised to mitigate the risk of convictions, jail time, and other consequences.

Reducing a Felony Larceny to a Misdemeanor 

Given that the classification of larceny as a felony often hinges on the value of stolen items, a skilled attorney can effectively argue uncertainty regarding value or present compelling circumstances warranting a reduction to a misdemeanor, potentially avoiding or minimizing incarceration. During a grand larceny prosecution, jurors may receive instructions stipulating that if they determine the stolen property’s value is below $1,000, they have the option to convict the accused of petit larceny instead of grand larceny.

Misdemeanor Larceny in Virginia 

In Virginia, being charged or arrested for misdemeanor larceny entails committing one of the following acts: 

(1) stealing goods or items valued at less than $1,000 from a location, or 

(2) taking money or items directly from an individual’s person, valued at less than $5.

According to Virginia Law 18.2-96, misdemeanor larceny is classified as a Class 1 misdemeanor. The maximum penalty for this offense is twelve months of imprisonment along with a fine of $2,500. Even if a jury determines that the stolen item is valued at $500 or more, constituting grand larceny, the accused will still be sentenced for misdemeanor petit larceny upon conviction.

First Offense Petit Larceny 

For a first offense petit larceny misdemeanor charge in Virginia, there may be opportunities for leniency in court, including probation and deferred disposition. However, first offense dispositions can still have long-lasting repercussions for defendants due to their presence on criminal records. It is advisable for individuals concerned about their criminal records, even in first offense cases of misdemeanor larceny, to seek legal representation. Subsequent offenses of petit larceny in Virginia are more likely to lead to incarceration. Whether facing a first, second, or third offense, legal representation is strongly advised to minimize the risk of conviction, jail time, and other penalties.

Shoplifting / Concealment of Merchandise

The act of shoplifting, also known as the concealment of merchandise, constitutes theft or larceny under the law. Its distinct legal classification stems from provisions that facilitate prosecution. In Virginia, under Code Section 18.2-103, the severity of the offense hinges on the value of the goods involved. Felony charges apply when merchandise worth $1,000.00 or more is taken, while misdemeanors cover lower-value items.

Shoplifting encompasses various actions, such as taking goods from a store without permission with the intent to keep them without full payment or defrauding the owner by paying less than the asking price without consent. This includes scenarios like leaving without paying, tampering with price tags, or negotiating a lower price without authorization.

Concealment of merchandise, a form of shoplifting, involves hiding items within personal belongings while in the store, like placing goods in a purse or concealing them under clothing in a fitting room. This act constitutes an infringement on the merchant’s rights and is subject to legal consequences.

In Virginia, certain actions are considered shoplifting under the Virginia Code:

1. Intentionally hiding, concealing, or taking merchandise in a store.
2. Changing the price tag or other price markings on merchandise.
3. Moving items from one container to another.

Is it possible for Store Security to Detain me if they Suspect me of Shoplifting?

If you’re suspected of shoplifting, store security can detain you. According to Virginia Law 18.2-105.1, a merchant, their agent, or an employee with probable cause to believe you’ve violated §18.2-95, §18.2-96, or §18.2-103 may detain you on the premises for up to one hour until law enforcement arrives.

Penalty Enhancements For Larceny

Under Virginia Code Section 18.2-108.01, engaging in grand larceny with the intention of reselling the stolen goods mandates a minimum prison sentence of 2 years. The law stipulates that the theft of multiple identical items during a grand larceny is clear evidence of the intent to resell those items.

• 18.2-108.01. Larceny with an Intent to Sell or Distribute; Sale of Stolen Property; Punishment.

1. Anyone who commits larceny of property valued at $1000 or more with the intention of selling or distributing it is guilty of a felony and subject to imprisonment in a state correctional facility for a period not less than two years and not exceeding 20 years. The occurrence of multiple identical items being stolen is viewed as prima facie evidence of an intention to sell or distribute them for profit.
2. Any person who sells, endeavors to sell, or holds with the intention to vend or distribute pilfered possessions amounting to $1000 or above, being aware or reasonably ought to be aware of the stolen nature of the items, is liable for a Class 5 felony.
3. Violation of this statute constitutes a distinct and separate offense.

Section 18.2-108: Acquisition of Stolen Property

1. Any individual who purchases, receives, or assists in concealing stolen goods or any other item, with knowledge of its stolen nature, shall be considered culpable of theft of said property, and may face legal action even if the main perpetrator is not convicted.
2. Any individual who acquires or receives goods or items utilized in a law enforcement criminal investigation, which they believe to be stolen, shall be considered guilty of theft of such items.

Charging Accomplices and Associates of Thieves

First, anyone who counsels, aids, or abets another individual in committing a shoplifting offense, as defined by Virginia VA Code Section 18.2-103, is equally culpable for the crime as the primary offender.

Second, individuals who knowingly receive, conceal, or harbor stolen property on behalf of a thief, with awareness of its stolen status, may face charges of larceny under Virginia VA Code Section 18.2-108. Even if the thief evades conviction, those who assist in hiding stolen goods can still be held accountable for the theft. Furthermore, purchasing knowingly stolen items can result in charges of grand or petit larceny.

Third, those who aid in the transportation or disposal of stolen property, while being aware of its stolen nature, are also liable for larceny, as established in Moehring v. Com.

Fourth, conspiring, advising, or aiding in any manner to commit grand larceny renders individuals responsible for the crime, subjecting them to imprisonment ranging from 1 to 20 years under Virginia VA Code Section 18.2-23.

How is a Larceny Case Established by Prosecutors in Virginia?

Establishing a larceny case in Virginia can often be straightforward for the prosecution. Testimony from witnesses who observed the accused in possession of stolen goods, statements from store employees, presentation of video surveillance footage, and calculation of the stolen items’ value are typical methods employed in court. Additionally, according to Virginia law, simply passing beyond the cash register area with unpaid merchandise can raise an inference of intent to steal.

In cases of shoplifting, concealing items within the store premises is deemed sufficient evidence for conviction in Virginia. This act serves as direct proof of the perpetrator’s intention to steal or defraud the owner by not paying the sticker price value.

In the renowned case of Welch v. Commonwealth, the Court clarified that if an unauthorized individual possesses or controls an item in a manner contrary to that of a legitimate buyer, they may be charged with larceny even if they haven’t physically left the store premises. Merely having stolen items in one’s possession can serve as evidence of larceny, as emphasized in the notable case of Bright v. Commonwealth of Virginia. This case established that unexplained possession of stolen goods allows courts to infer that the possessor is the perpetrator of the theft.

Possession of Tools Intended for Burglary

Possessing burglarious tools during a shoplifting or larceny incident constitutes a distinct criminal offense, often carrying more severe consequences than the larceny charge itself. Contrary to larceny, which may be categorized as either a misdemeanor or a felony, possession of burglarious tools is uniformly designated as a Class 5 felony, carrying a potential punishment of up to 10 years’ imprisonment. To be convicted of this offense, one must be found in possession of any tools, implements, or outfits with the intent to commit burglary, robbery, or larceny. According to Virginia Law Section 18.2-94, the possession of such tools serves as primary evidence of the intent to commit the underlying larceny crime.