First Offense Virginia Petty Larceny Charge

January 15, 2015 by Jean Humbrecht
First Offense Virginia Petty Larceny Charge

Larceny is the basic theft charge in Virginia.  It is charged as petty or grand larceny, depending on the value of the property at issue.  Petty Larceny is the taking of property valued at less than $200 not from a person, or property valued at less than $5 from the person.

Proof of First Offense Virginia Petty Larceny

To convict an offender of a first offense Virginia Petty Larceny charge, the Commonwealth must prove that the offender took an item belonging to another person, without the owner’s consent, with the intent to permanently deprive the owner of his property.  Shoplifting (Va. Code 18.2-103) and Receiving Stolen Goods (Va. Code 18.2-108) are two different theft charges that are treated and punished the same as petty larceny.

First Offense Virginia Petty Larceny Penalties

A first offense Virginia Petty Larceny charge is a Class 1 misdemeanor.  It is punished with up to 12 months in jail, a fine up to $2500, or both.  Additionally, the offender might have to pay restitution to the victim.

First Offense Virginia Petty Larceny Statute

§ 18.2-96. Petit larceny defined; how punished.

Any person who:1. Commits larceny from the person of another of money or other thing of value of less than $5, or2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.