Larceny Defense Lawyers for Manassas, Fairfax, Woodbridge, Fauquier, Stafford and Fredericksburg, Virginia.

The criminal defense attorneys at Livesay & Myers represent clients in Northern Virginia and Fredericksburg charged with grand larceny, petit larceny, and related offenses.

Virginia law defines larceny or theft as a taking, not from the person, with the intent to permanently deprive the owner of the item. Virginia Code Sections 18.2-95 and 18.2-96 define whether the act will qualify as grand larceny or petit larceny.

Grand Larceny

Virginia Code Section 18.2-95 defines grand larceny as

• larceny from the person of another of money or other thing of value of $5 or more,
• simple larceny not from the person of another of goods and chattels of the value of $200 or more, or
• simple larceny not from the person of another of any firearm, regardless of the firearm's value.

Grand larceny carries a maximum sentence of imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, confinement in jail for a period not exceeding twelve months and/or a fine of not more than $2,500.

Petit Larceny

Virginia Code Section 18.2-96 defines petit larceny as

• larceny from the person of another of money or other thing of value of less than $5, or
• simple larceny not from the person of another of goods and chattels of the value of less than $200.

Petit Larceny is punishable as a Class 1 Misdemeanor.

Concealment of Goods or Merchandise

The Virginia concealment statute, found at Virginia Code Section 18.2-103, makes the act of concealing or hiding goods or merchandise while in a store, prima facie evidence of the defendant’s intent to convert and defraud the owner of the value of the goods. Thus, merely concealing an item in a store may be sufficient evidence for an accused to be found guilty of grand or petit larceny, depending on the value of the item.

Concert of Action

Under the Virginia legal concept of “concert of action,” a person who is part of a group involved in stealing an item may be found guilty of larceny even if he did not take the item himself.  The prosecutor need only provide that the defendant performed some activity in furtherance of the theft, for example, acted as a lookout, to secure a conviction under this legal theory.