Car Theft
Car Theft in Virginia is taking a car from another person with the intent to permanently deprive the owner of his or her property. It is usually charged as Grand Larceny because of the value of the car.
Proof of Virginia Car Theft
Since a Car Theft charge in Virginia is a form of Grand Larceny, the Commonwealth must prove all of the elements of Grand Larceny to convict an offender of Car Theft. Grand Larceny is taking property valued at more than $1,000, without consent, with the intent to permanently deprive an owner of his or her property or taking property from a person valued at $5 or more, without consent.
To prove that an offender committed Car Theft, the Commonwealth must prove that the offender:
- took a vehicle
- whose value exceeds $1,000
- without the owner’s consent
- intending to permanently deprive the owner of his or her property.
Took a Vehicle: For purposes of a Car Theft charge in Virginia, the Commonwealth must prove that the offender actually took the vehicle. In Virginia, this is accomplished when the offender exerts dominion or control over the property.
Value: To convict on a Car Theft charge in Virginia, the Commonwealth must also prove the value of the vehicle allegedly taken. Generally, the value is what the item is worth at the time of the taking.
Without the Owner’s Consent: The Commonwealth must prove that the owner did not give consent to the offender to take his property for a Car Theft conviction in Virginia.
Intent to Permanently Deprive Owner of Property: This intent to permanently deprive an owner of his or her property must exist at the time the offender took the property.
Penalty for Car Theft in Virginia
Car Theft is a form of Grand Larceny in Virginia and is punished the same way. A Virginia car theft charge is punished with up to 20 years in prison and a fine up to $2,500.
Is Car Theft the Same as Carjacking in Virginia?
Car Theft charges and Carjacking charges in Virginia both involve stolen vehicles, but have important differences. Carjacking (Va. Code §18.2-58.1) is stealing a car by force, does not require intent to permanently deprive the owner of his property, and is punished with up to life in prison.
Click here for more information on a Virginia Carjacking charge.
Click here for more information on the difference between Car Theft and Carjacking in Virginia.