Grand Larceny From the Person

In Virginia, theft can be charged as Petty Larceny or Grand Larceny, depending on the value of the items taken. Petty Larceny in Virginia is usually a misdemeanor, and Grand Larceny in Virginia is a felony. Grand Larceny in Virginia can be charged as Grand Larceny from the person or Grand Larceny not from the person.

For more information on Grand Larceny not from the person in Virginia, click here.

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

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

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

Grand Larceny in Virginia Defined

Grand Larceny from the person (Va. Code §18.2-95) is the taking of an item valued at more than $5 directly from a person or taking property from a person who has immediate custody and control of that property, but not actual physical control.

Grand Larceny From the Person in Virginia
grand larceny from the person in Virginia

Grand Larceny from the Person in Virginia is a Felony

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

  1. took an item
  2. whose value exceeds $5
  3. from a person or from his immediate custody and control
  4. without consent
  5. with the intent to permanently deprive the owner of his or her property.

Took an Item: For purposes of a Grand Larceny from the person charge in Virginia, the Commonwealth must prove that the offender actually took property. This is accomplished when the offender exerts dominion or control over the property.

Value: The Commonwealth must also prove the value of the item allegedly taken. Generally, the value is what the item was worth at the time of the taking. The property value for a Grand Larceny from the person charge in Virginia is $5 or more.

From the Person: The Commonwealth must prove that an offender took property from the actual physical possession of a person or took property from a person who did not have actual physical possession of the property, but the property was within the person’s immediate custody or control.

Without Consent: The Commonwealth must prove that the owner did not give consent to the offender to take his property for a Grand Larceny conviction in Virginia.

Intent to Permanently Deprive Owner of Property: The intent to permanently deprive an owner of his or her property must exist at the time the offender stole the property.

Punishment for Grand Larceny From the Person in Virginia

A Grand Larceny from the person charge 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 loss) is often required as part of the penalty.