Petty Larceny

Petty Larceny in Virginia (Va. Code §18.2-96) 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.

Proof of Virginia Petty Larceny Charge

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

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

Took an Item: For purposes of a Virginia Petty Larceny charge, 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 Petty 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 to convict on a charge of Petty Larceny in Virginia.

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

Virginia Petty Larceny Punishment

Petty Larceny 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.

Different Forms of Petty Larceny

Shoplifting

Shoplifting in Virginia (Va. Code §18.2-103) is one way to charge Larceny. 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. Click here for more information on Shoplifting in Virginia.

Shoplifting items worth less than $1,000 is considered Petty Larceny, and it is a punished as a Class 1 misdemeanor.

Shoplifting items worth more than $1,000 is considered Grand Larceny, and is punished with up to 20 years in prison. Click here for more information on Grand Larceny charges in Virginia.

Receiving Stolen Goods

Buying or receiving stolen goods is a form of Larceny in Virginia (Va. Code §18.2-108). If the value of the stolen goods is less than $1,000, the offense is a misdemeanor and punished as a Petty Larceny charge. If the value of the stolen property is more than $1,000, it is a felony and punished as a Grand Larceny charge.

Click here for more information on Receiving Stolen Goods charges in Virginia.

Embezzlement

Embezzlement in Virginia occurs when a person wrongfully takes money or property that was entrusted to him or her. A Virginia Embezzlement charge generally results from money or property taken in the course of employment. Money, personal property, and even computer data can be the subject of a Virginia Embezzlement charge. 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.

Click here for more information on Embezzlement charges in Virginia.