First Offense Petty Larceny

Larceny (otherwise known as stealing or theft) in Virginia can be a misdemeanor or felony depending on the value of the item stolen and the number of the offender’s prior larceny convictions. Petty Larceny is Larceny of an item valued at less than $1,000, and Grand Larceny is larceny of an item valued at $1,000 or more. A first offense Petty Larceny in Virginia is a misdemeanor.

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

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 his or her 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.

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

• took another person’s property
• valued at less than $1,000 (or less than $5 if taken directly from another person)
• without the owner’s consent
• with the intent to permanently deprive the owner of his or her property

Punishment for First Offense Petty Larceny in Virginia

Petty Larceny in Virginia (Va. Code §18.2-104) is a misdemeanor. It is punished with up to 12 months in jail, as well as a fine up to $2,500. Restitution (money paid to a victim to replace a monetary loss) is usually also required. Second and subsequent Larceny charges have increased penalties.

For more information on a second offense Petty Larceny in Virginia, click here.

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