In Virginia, a theft can be charged as a petty or grand larceny. The difference between the two Virginia larceny charges is the in the value of the items taken. A petty larceny in Virginia is a misdemeanor, and a Virginia grand larceny is a felony.
Virginia Grand Larceny Defined
Grand larceny in Virginia is the taking of an item valued at $200 or more with the intent to permanently deprive the owner of his property OR the taking of an item from a person directly whose value is more than $5. It is charged under Va. Code §18.2-95.
Virginia Grand Larceny Statute
Va. Code §18.2-95 states that anyone who:
(i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm’s value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
Proof of Virginia Grand Larceny
To convict of a grand larceny charge in Virginia, the Commonwealth must prove that the offender:
- took an item
- whose value exceeds $5 (if taken from the person) or $200 (if not taken from the person)
- without the owner’s consent
- intending to permanently deprive the owner of his property.
Took an Item: For purposes of a grand larceny in Virginia conviction, the Commonwealth must prove that the offender actually took the item. In Virginia, this is accomplished when the offender exerts dominion or control over the property.
Value: To convict on a charge of Grand Larceny in Virginia, the Commonwealth must prove the value of the item allegedly taken. Generally, the value is what the item is worth at the time of the taking.
Without Consent: The Commonwealth must prove that the owner did not give consent to the offender to take his property to convict on a charge of Grand Larceny in Virginia.
Intent to Permanently Deprive Owner of Property: This intent must exist at the time the offender took the property.
Other Virginia Grand Larceny Charges
Larceny of a Firearm: Va. Code §18.2-95(iii) states that the larceny of a firearm, regardless of it’s value, is charged as a grand larceny.
Shoplifting: Shoplifting is a form of larceny in Virginia. It is charged as petty or grand larceny, depending on the value of the items taken. If the items are worth more than $200, the shoplifting will be charged as a Virginia grand larceny. Shoplifting in Virginia is charged under Va. Code §18.2-103.
Receiving Stolen Property: Va. Code §18.2-108 makes the receipt of stolen property a larceny. Receiving Stolen Property is a Virginia grand larceny if the value of the goods taken is $200 or more.
Larceny with Intent to Sell or Distribute: An offender who commits a Virginia grand larceny with the intent to sell or distribute the items taken, he can be punished with 2-20 years in prison.
Virginia Grand Larceny Punishment
Grand Larceny in Virginia is a FELONY. It is punished with up to 20 years in prison and a fine up to $2500.