Grand Larceny

In Virginia, theft can be charged as Petty Larceny or Grand Larceny. The difference between the two Virginia larceny charges depends on the value of the items taken.  A Petty Larceny in Virginia is a misdemeanor, and a Grand Larceny in Virginia is a felony. A Virginia Grand Larceny charge is discussed below.

Grand Larceny in Virginia Defined

Grand Larceny in Virginia (Va. Code §18.2-95) is the taking of an item valued at $1,000 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.

Proof of Grand Larceny in Virginia

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

1. took an item
2. whose value exceeds $5 (if taken from the person) or $1,000 (if not taken from the person)
3. without the owner’s consent
4. intending to permanently deprive the owner of his or her property.

Took an Item: For purposes of a Grand Larceny in Virginia, 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 also 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 or her property for a Grand Larceny conviction in Virginia.

Intent to Permanently Deprive Owner of Property: This intent must exist at the time the offender took the property.

Other Grand Larceny Charges in Virginia

There are a number of different offenses in Virginia that can be considered Grand Larceny.

Shoplifting

Shoplifting (Va. Code §18.2-103) is a form of Larceny in Virginia. Shoplifting can be charged in Virginia if the offender conceals goods, alters the price tag on a store item, transfers goods from one container to another, or aids or assists another person in committing those acts. It is charged as Petty Larceny or Grand larceny, depending on the value of the items taken. If the items taken are less than $1,000, the offense is Petty Larceny. If the items are worth more than $1,000, the shoplifting will be charged as Grand Larceny.

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

Receiving Stolen Property

Va. Code §18.2-108 makes the receipt of stolen property a larceny. If the value of the stolen goods is less than $1,000, the offense is a misdemeanor and punished as a Petty Larceny charge. Receiving Stolen Property is considered Grand Larceny in Virginia if the value of the goods taken is $1,000 or more.

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

Embezzlement

In Virginia, Embezzlement occurs when a person wrongfully takes money or property that was entrusted to him or her. An Embezzlement charge generally results from money or property taken in the course of employment. Embezzlement is charged as a misdemeanor if the value of the property or the money embezzled is less than $1,000. It can be charged as a felony if the value of the property or money embezzled is more than $1,000.

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

Larceny of a Firearm

Va. Code §18.2-95(iii) states that the larceny of a firearm, regardless of its value, is considered Grand Larceny in Virginia.

For more information on a Larceny of a Firearm charge in Virginia, click here.

Grand Larceny Punishment in Virginia

Grand Larceny in Virginia is a felony. It is punished with up to 20 years in prison and a fine up to $2,500. Restitution (money paid to a victim to replace a monetary loss) is usually required as part of the penalty.

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.

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