Fighting Larceny Charges in Virginia Courts

Understanding Larceny Charges in Virginia by Attorney Sudeep Bose, Former Police Officer and Attorney

As in the offense of Assault and Battery, the Virginia Code does not define the elements of Larceny but leaves it to commonlaw to establish those specific elements. Common law defines larceny otherwise commonly known as Theft, as a taking, not from the person, with the intent to permanently deprive the owner of the item.

The Virginia Code §§18.2-95 to 18.2-96 define whether the specific act of the defendant will qualify as grand larceny or petit larceny. Among several other criteria, the main distinction between the two is the dollar value of the item taken. Larceny of an item with a value of $200 or more is considered Grand Larceny in Virginia while if the value of the item(s) taken is less than $200 - it is considered Petit Larceny. Grand Larceny also includes theft from the person of money or thing with a value of $5 or more or larceny of a firearm not from the person. Petit Larceny includes theft from the person of money or thing with a value of less than $5.

Another significant distinction between Grand Larceny and Petit Larceny lies in the level of punishment. Grand Larceny is an unclassified felony with a specific punishment assigned by the code section of not less than one year in prison but not more than twenty or in the discretion of a jury or judge trying the case, a jail sentence of not more than 12 months and/or a fine not to exceed $2,500. Petit Larceny is a class 1 misdemeanor offense punishable by up to to 1 year in jail and/or up to a $2500 fine.

Make no mistake, both charges affect security clearances, look horrible on background checks and can have immigration consequences for non US citizens. All larceny charges are crimes of Moral Turpitude.

HELP TO THE PROSECUTOR:

Virginia Code §18.2-103 is the concealment statute which makes an offense Grand Larceny or Petit Larceny, depending upon the value of the goods, where there is willful concealment of goods or merchandise in any store. This statute assists the prosecutor in making out their case by making the act of concealing or hiding the item while in the store, prima facia evidence of an intent to convert and defraud the owner of the value of the goods. In other words, merely hiding an item while in a store may be sufficient for the prosecutor to establish theft of the item.

ANOTHER HUGE HELP TO PROSECUTORS:

In Virginia there is a legal concept called “concert of action.” This means that if you are part of a group who is involved in stealing an item, even though you did not take the item yourself, you may be found guilty as if you were the person who took the item. However, the prosecutor must establish that you are doing some activity in furtherance of the theft and not merely an innocent bystander to the activity. Frequently, the prosecutor will seek to establish that the person was acting as a lookout.