Second Offense Petty Larceny

Larceny (also known as theft or stealing) in Virginia can be charged as a misdemeanor or felony, based on the value of the item stolen. A second offense Petty Larceny in Virginia has increased penalties.

 

Proof of Petty Larceny Charge in Virginia

Misdemeanor Larceny in Virginia is known as Petty Larceny (Va. Code §18.2-96). Petty Larceny is the wrongful taking of an item valued at less than $5 from a person with the intent to permanently deprive the owner of the property, or the wrongful taking of an item worth less than $1,000 NOT from the person, with the intent to permanently deprive the owner of his or her property.

second offense petty larceny in Virginia

A Second Offense Petty Larceny in Virginia Has Increased Penalties

To convict someone of a Petty Larceny charge in Virginia, the Commonwealth must prove that the offender:

  • took an item
  • valued at less than $1,000 (or less than $5 if taken directly from another person)
  • without consent
  • intending to permanently deprive the owner of property
Virginia Petty Larceny Punishment

A Petty Larceny charge in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, or both. Restitution (money paid to a victim to replace a monetary loss) is usually required as well.

Punishment for Second Offense Petty Larceny in Virginia

However, the punishment increases if an offender is convicted of a second offense Petty Larceny in Virginia (Va. Code §18.2-104). A second offense Petty Larceny in Virginia is punished with a minimum of 30 days in jail up to 12 months in jail, as well as a fine up to $2,500 and restitution will usually be ordered.

An offender can be charged with a second offense Petty Larceny in Virginia if his or her prior conviction was for Larceny or an offense considered Larceny, including Shoplifting, Receiving Stolen Goods, Embezzlement, Larceny with Intent to Sell, Unauthorized Use, and Passing Bad Checks, among others.

For more information on Shoplifting in Virginia, click here.

For more information on Receiving Stolen Property in Virginia, click here.

For more information on Embezzlement in Virginia, click here.

For more information on Larceny with Intent to Sell in Virginia, click here.

For more information on Unauthorized Use in Virginia, click here.

For more information on Passing Bad Checks in Virginia, click here.

For more information on Larceny charges in Virginia, click here.