Grand Larceny Not from the Person
Theft in Virginia can be charged as Petty Larceny or Grand Larceny, depending on the value of the items taken. A Petty Larceny charge in Virginia is usually a misdemeanor, and Grand Larceny is a felony. In Virginia, Grand Larceny can be charged as Grand Larceny from the person or Grand Larceny not from the person.
Click here for more information on Grand Larceny 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.
Grand Larceny not from the Person in Virginia is Punished with up to 20 Years in Prison
Grand Larceny Not From the Person in Virginia
Grand Larceny not from the person in Virginia (Va. Code §18.2-95) is the taking of an item valued at more than $5 from a person who has immediate custody and control of that property, but not actual physical control.
To convict someone of a Grand Larceny from the person charge in Virginia, the Commonwealth must prove that the offender:
- took property
- valued at more than $5
- from a person’s immediate custody and control
- without the owner’s consent
- intending to permanently deprive the owner of his or her property.
Took an Item: For purposes of a Grand Larceny not from the person charge in Virginia, the Commonwealth must prove that the offender actually took property. This occurs when the offender exerts dominion or control over the property.
Value: The Commonwealth must also prove the value of the item allegedly taken. The value is generally what the item was worth at the time of the taking. The property value for a Grand Larceny not from the person charge in Virginia is $5 or more.
From the Person’s Immediate Custody or Control: The Commonwealth must prove that an offender 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 offender did not have the owner’s consent to take the property.
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 took the property.
Punishment for Grand Larceny Not From the Person in Virginia
Grand Larceny not from the person in Virginia is a felony 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 often required as part of the penalty.