Larceny & Theft Defense in Virginia

Larceny can be charged as either a misdemeanor or a felony, depending on the value of the property involved. Petit larceny is a misdemeanor and carries less severe penalties than grand larceny, a felony. Multiple petit larceny convictions over time may influence the severity of future charges. Ted Asbury is an experienced theft-crime attorney representing individuals charged with petit larceny and other theft-related offenses.

Definition of larceny in Virginia

Larceny is the unlawful taking of another person's personal property by trespass, with the intent to permanently deprive the owner of it. It is divided into two categories by the value of the property taken:

• Grand larceny: Taking property valued at more than $1,000. Classified as a felony.
• Petit larceny: Taking property valued at less than $1,000. Classified as a misdemeanor.

Penalties for larceny

Petit larceny — if convicted, you may face:

• Up to 12 months of incarceration
• A fine of up to $2,500

Grand larceny — if convicted, you may face:

• Up to 20 years in prison

In addition to incarceration and fines, a judge may order restitution — requiring the defendant to reimburse the victim for the value of the stolen property.

How to fight a larceny charge

• Lack of intent: Showing there was no intent to permanently deprive the owner (for example, a genuine mistake or belief the property was yours).
• Mistaken identity: Challenging whether you were the person who took the property.
• Insufficient evidence: Testing the Commonwealth's proof of value and of the taking itself.
• Constitutional violations: Examining the stop, search, or seizure that produced the evidence.