WHAT SEPARATES THEFT FROM GRAND LARCENY
Virginia draws the line by value and circumstance. Petit larceny covers property worth $5 or less taken directly from a person, or any other theft under $1,000, and is a Class 1 misdemeanor. Grand larceny covers more than $5 taken from a person, or any theft of $1,000 or more, and is a felony (Va. Code §§ 18.2-95, 18.2-96). The Commonwealth raised the grand larceny threshold to $1,000 in recent years — so the exact value of what was allegedly taken can decide whether you face a misdemeanor or a felony.
To convict, the prosecution has to prove real elements: an unlawful taking, that the property belonged to someone else, that it was taken without consent, and — critically — that you intended to permanently deprive the owner of it. That intent requirement is often where cases are won. A few categories carry special rules, too: stealing a firearm is grand larceny regardless of value, and repeat offenses or theft with intent to resell can raise the stakes further.
THEFT CHARGES: WHAT TO KNOW
What’s the difference between petit and grand larceny?
Value and circumstance. Petit larceny (under $1,000, or $5 or less from a person) is a Class 1 misdemeanor; grand larceny ($1,000+, or over $5 from a person) is a felony (Va. Code §§ 18.2-95, 18.2-96). Stealing a firearm is grand larceny regardless of value.
What are the penalties?
Petit larceny carries up to 12 months in jail and a $2,500 fine. Grand larceny is a felony punishable by 1 to 20 years in prison. Repeat offenses and theft with intent to distribute carry enhanced penalties.
What counts as theft?
More than shoplifting. It includes concealing merchandise (even before leaving a store), switching price tags, and fraud-type offenses like identity theft, credit-card fraud, and forgery — with the dollar amount driving the charge level.
What must the prosecution prove?
An unlawful taking of someone else’s property, without consent, with intent to permanently deprive the owner of it. If intent or ownership can’t be proven, the case can fall apart.
What defenses are available?
An honest belief that the property was yours, lack of intent to permanently deprive, consent from the owner, duress, or entrapment. We match the defense to the facts and hold the state to its burden.
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CONTACT DECKER’S THEFT DEFENSE TEAM
With your record on the line, the details — intent, value, how the evidence was gathered — are everything. The sooner we start, the more of them we can put to work for you. Reach us by text, chat, phone, or email, or call 757-622-3317.