Third Offense Petty Larceny
Larceny (also known as theft or stealing) in Virginia can be charged as a misdemeanor or felony, depending on the value of the item stolen and the number of the offender’s prior Larceny convictions. A third offense Petty Larceny in Virginia is always a felony, regardless of the value of property stolen.
Proof of Petty Larceny Charge in Virginia
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 his or her 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.
To convict someone of a Virginia Petty Larceny charge, the Commonwealth must prove that the offender:
- took an item
- worth less than $1,000 (or less than $5 if taken directly from another person)
- without consent
- with the intent to permanently deprive the owner of his or her 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.
Punishment for Third Offense Petty Larceny in Virginia
A Third Offense Petty Larceny in Virginia is a Felony
However, the punishment increases if an offender is convicted of a third or subsequent offense Petty Larceny in Virginia (Va. Code §18.2-104). A third offense Petty Larceny in Virginia is a felony, regardless of the value of the item stolen. It is punished with up to 5 years in prison, a fine up to $2,500 and restitution will usually be ordered as well.
An offender can be charged with a third offense Petty Larceny in Virginia if the person’s prior conviction were for Larceny, an offense considered Larceny, or a combination of Larceny and an offense considered Larceny. Offenses considered Larceny in Virginia include Shoplifting, Receiving Stolen Goods, Embezzlement, Larceny with Intent to Sell, Unauthorized Use, and Passing Bad Checks, among others.
Click here for more information on Shoplifting in Virginia.
Click here for more information on Receiving Stolen Property in Virginia.
Click here for more information on Embezzlement in Virginia.
Click here for more information on Larceny with Intent to Sell in Virginia.
Click here for more information on Unauthorized Use in Virginia.
Click here for more information on Passing Bad Checks in Virginia.
Click here for more information on Larceny charges in Virginia.