What is Grand Larceny in Virginia
Grand larceny in Virginia is a felony offense involving taking someone else's property to permanently deprive the owner of it.
Grand larceny is charged when:
- The value of the theft is more significant than $1,000
- The theft was physically from a person and valued above $5
- Shoplifting is considered "concealing or taking possession of merchandise," and the value of the goods or merchandise involved is $1000 or more.
- You directly take something from someone, such as pickpocketing or purse snatching.
What Makes Larceny “Grand”?
Many factors contribute to whether theft is charged as “petty” or “grand.” In Virginia, other forms of larceny are charged separately.
What Was Stolen
The value of the item itself can elevate larceny from petty to grand. Virginia’s standards continue to change in this regard. The most recent reform, enacted in 2020, raised the value of grand larceny from $500 to $1,000.
Firearms also have a special designation in the state. If you steal a gun, you could be charged with grand theft, even if it is inexpensive.
How It Was Stolen
Value is not the only thing that makes theft a “grand” crime. You could be charged with grand larceny if you take something from someone directly. This includes pickpocketing, purse snatching, and so forth. It doesn’t matter if the purse or wallet contained one dollar or one million. If you lift it directly off someone, you could be hit with a grand larceny charge.
Virginia’s Larceny Penalties
Grand larceny is a felony in the state. It is punishable by up to 20 years in prison.
Petty theft, while not as severe, still carries steep penalties. It is a misdemeanor crime, and if convicted, you could serve up to 12 months in jail and be fined as much as $2,500.
Larceny With Intent to Sell
The alleged thief’s plans for stolen property affect the outcome of their case. They can be charged with petty or grand theft if they wish to keep the property for themselves. If, however, they stole something to sell it, they can be charged with “larceny with an intent to sell.”
This crime exists as its category in Virginia; it is neither “petty” nor “grand.” Larceny with intent is a Class 5 felony. It carries a mandatory two years in prison, and the sentence can go as high as 20 years.
Defenses Against Larceny
As you can see, a larceny charge is serious, whether petty or grand. If you’ve been charged with this crime, you need a good defense to help preserve your innocence. Tell your attorney the whole story, and they may be able to use one of the following defenses in court.
You Believed You Had a Right to the Property
Simple mistakes happen, and you should not be convicted based on a technicality. You may have believed that the property was yours to take. Picture a wife who leaves her purse on a park bench, and she asks her husband to go back and get it. She briefly describes it, and he grabs the wrong one. He sincerely believed the property was his, which is not cause to put someone in jail or prison.
You Had the Owner’s Consent
Just as there are mistakes, there are also misunderstandings. Imagine someone telling you that you can borrow their car. You assumed you could use it whenever needed and for any time. They wake up one morning to find their vehicle missing and get accused of theft.
Intent is a big part of any successful criminal conviction. The prosecution must do more than prove an act occurred. It must also prove that your goal was to commit a crime. If you had permission to take the property or believed you did, you can explain this situation in court.
You Were Forced to Take the Property
Dangerous criminals often use others to do their dirty work. If coerced into stealing something, you might not be held legally responsible. You can claim that you were operating under “duress.” If someone threatened you or your family, your actions may not be held against you.
If you’ve been accused of grand larceny, contact our office for help. We may be able to take on your case and help you craft a credible defense. Our number is (540) 386-0204, and we can be reached online.