Comprehensive Guide to Petit Larceny Penalties in Virginia

Petit larceny—often called petty theft—is among the most common property crimes in Virginia. Though it may seem minor, even a single misdemeanor conviction can carry up to 12 months in jail, a $2,500 fine, and a permanent criminal record. For repeat offenders or specialized circumstances—animal theft, device removal from livestock, or juvenile cases—the stakes rise dramatically. This guide breaks down every aspect of petit larceny in Virginia: legal definitions, criminal classifications, sentencing ranges, civil merchant remedies, juvenile procedures, defenses, collateral consequences, and strategies for avoiding or mitigating conviction.

What Is Petit Larceny? Virginia Code Definitions

Under Virginia law, “larceny” refers broadly to taking someone else’s property with the intent to permanently deprive its owner of use or benefit. Virginia separates larceny into two categories based on value:

Petit Larceny (Petit Theft): Unlawful taking of property valued under $1,000.
Grand Larceny: Unlawful taking of property valued at $1,000 or more.

Key statutes:

§ 18.2-96: Petit Larceny – classifies theft under $1,000 as a Class 1 misdemeanor.
§ 18.2-95: Grand Larceny – theft of $1,000 or more, a felony.

For petit larceny, the prosecutor must prove you:

Willfully and intentionally took property.
Belonged to another person or entity.
Without consent or legal justification.
Valued under $1,000 (or under $200 for non‐firearm goods in some contexts).

Even when the stolen item is under $1,000, Virginia law allows felony upgrade for repeat offenders.

Classification: Misdemeanor vs. Felony Thresholds

Class 1 Misdemeanor (Petit Larceny)

Definition: Stealing property valued under $1,000 (or under $200 for non‐firearm theft).
Maximum Penalties: Up to 12 months in jail and/or a $2,500 fine.
Typical Disposition: First‐time offenders often receive probation or deferred disposition with community service and restitution.

Class 6 Felony Upgrade

Under § 18.2-104, repeat petit larceny convictions trigger:

Second Offense: Charged as a Class 1 misdemeanor with mandatory minimum jail of 7 days plus fines.
Third or Subsequent Petit Larceny: Prosecutable as a Class 6 felony—1 to 5 years imprisonment and/or $2,500 fine.

Even juvenile adjudications for repeated shoplifting can lead to Class 6 felony charges.

Statutory Penalties for Petit Larceny

First Offense

Misdemeanor Fine Only Option: Judges may impose fines without incarceration.
Maximum Exposure: 12 months jail, $2,500 fine.
Alternative Sentencing: Probation, community service, restitution.

Second Offense

Mandatory Minimum Jail: At least 7 days in jail.
Fines: Up to $2,500.
Possible Probation: Depending on judicial discretion and mitigating factors.

Third or Subsequent Offense

Class 6 Felony: 1 to 5 years in prison, up to $2,500 fine.
Felony Record: Permanent criminal history significantly impacting future opportunities.

Sentencing judges consult the Virginia Sentencing Guidelines, which assign a severity level to petit larceny and weigh defendant’s prior record score.

Enhanced Sentences for Repeat Offenders

Virginia’s legislature adopted a “three strikes” philosophy for property crimes:

Two prior misdemeanor larceny convictions elevate the third to felony.
Felony sentencing applies regardless of the third offense’s dollar value.

Evaluation of prior convictions includes:

Any Jurisdiction: Out‐of‐state larceny convictions count equally.
Juvenile Adjudications: Juvenile delinquency “acts” equivalent to adult convictions count when certified into circuit court.
Restoration of Civil Rights: Even if voting rights are restored, prior convictions still enhance subsequent charges.

The practical effect: a career shoplifter faces decades behind bars for what began as petty theft.

Animal and Poultry Theft: Felony Larceny

Stealing livestock, farm animals, or poultry triggers harsher penalties under § 18.2-137:

Value ≥ $5 but < $500: Class 6 felony (1–5 years, up to $2,500 fine).
Value ≥ $500: Class 5 felony (1–10 years, up to $2,500 fine).
Special Cases: Theft of fish or shellfish from private ponds, devices removed from game birds, etc.

Key point: Cheap small‐animal theft (e.g., a chicken worth $10) still qualifies as felony larceny, not mere misdemeanor, due to livestock’s protected status.

Device Removal from Tracked Livestock

Virginia Code § 18.2-137.1 criminalizes removing tracking or identification devices from farm animals:

Removal of radio collars or ear tags that allow owners to locate livestock—interferes with animal recovery.
Classified as misdemeanor or felony depending on financial harm:
- Less than $200 loss: Misdemeanor.
- $200 or greater: Class 6 felony.

Victims may also seek restitution for animals lost or injured due to removed devices.

Civil Merchant Remedies: Virginia Code § 8.01-44.4

Beyond criminal penalties, Virginia merchants may pursue civil judgments against shoplifters:

Recovery: Twice the value of stolen goods, minimum $50, maximum $350, if the property is recovered.
Attorney’s Fees: Up to $150 additional.
Notice Letter: Stores often notify alleged shoplifters of civil claims before filing suit.

Failure to pay can result in a separate civil action, adding a financial burden atop criminal fines.

Juvenile and Domestic Relations Court HandlingMinors (under 18) accused of larceny enter the Juvenile & Domestic Relations District (JDR) Court, not adult criminal court:

Delinquency Petitions: Alleging acts that would be crimes if committed by adults.
Possible Outcomes: Dismissal, diversion (community service, counseling), formal adjudication leading to sanctions.
Repeat Offenses: A minor with multiple larceny adjudications may face certification to adult court if 14+ years old and facing felony larceny charges.

Juvenile records can be sealed under certain conditions, but serious repeat shoplifting often leads to adult criminal records.

Key Elements Prosecution Must Prove

To convict for petit larceny, Commonwealth must show:

Asportation: You took and carried away property.
Ownership or Custody: The property belonged to another person or entity.
Intent to Permanently Deprive: You intended to keep or sell the item.
Value Under Threshold: The stolen item’s fair market value was under $1,000 (or under $200 for certain small theft contexts).

Absence of any element—especially intent—creates reasonable doubt and can lead to acquittal.

Defenses to Petit Larceny Charges

1. Lack of Intent (“Specific Intent”)

Petit larceny requires the intent to steal. If you accidentally walked out with a displayed item or genuinely believed you owned it, defenses include:

Mistake of Fact: Belief that property was yours or authorized for removal.
Absent Intent: No plan to deprive permanently—e.g., borrowed but intended to return.

2. No Taking Occurred

If the property was never physically removed—or if property remained on store shelves—you can argue:

No Asportation: Items in pocket at checkout do not prove intent absent paid transaction.
Constructive Possession vs. Control: Merchant must show item was under your exclusive control.

3. Consent

If the owner invited you to take the item—civil dispute over ownership or borrowing agreement—no crime:

Express Consent: Merchant or owner gave permission.
Implied Consent: Industry practice or contract allowed temporary removal.

4. False Accusation / Misidentification

Shoplifting accusations often occur in crowded stores. Defenses include:

Alibi Witnesses: CCTV or coworkers placing you elsewhere.
Witness Reliability: Challenging store-loss prevention officer observations.

5. Juvenile Diversion

For first‐time juvenile offenders, aggressive advocacy can secure:

Informal Adjustment: No adjudication on record after compliance with diversion plan.
Sealing of Records: Post‐disposition sealing preventing adult record appearance.

Procedure: From Arrest to Disposition

Arrest & Booking

Detention: You may be held if shoplifting over $200 or repeat offender; otherwise released on summons.
Mug Shot & Fingerprints: Standard procedure, affects bail and bail-jumping charges if absconding.

Arraignment

Court Appearance: Within 48 hours, informed of charges and rights.
Bail Determination: Cash bond or recognizance release; repeat offenders may require secured bond.

Plea Negotiations

Misdemeanor Probation: Deferred or post-plea probation avoiding jail time.
Restitution Orders: Mandatory payment to victim (merchant) for value of goods.

Trial

Bench or Jury Hearing: Judge-alone or jury, depending on request and jurisdiction.
Proof Beyond Reasonable Doubt: Commonwealth must satisfy burden on all elements.

Sentencing

Guideline Range: Judges follow sentencing grid balancing severity and criminal record.
Alternative Sanctions: Community service, drug/alcohol evaluations, theft education classes.

Long-Term and Collateral Consequences

A misdemeanor larceny conviction triggers far more than potential jail:

Permanent Record: Visible on background checks for employment, housing, loans.
Driver’s License Impact: Possible suspension for failure to appear or restitution nonpayment.
Professional Licensing: Barriers to occupational licenses (real estate, teaching, medical).
Immigration Consequences: Non-citizens face deportation or inadmissibility for crimes involving moral turpitude.

Felony upgrades carry exponentially harsher collateral fallout, including loss of voting rights and firearm ownership.

Why Early Legal Intervention Is Critical

Bond Advocacy: Prevent pre-trial incarceration by arguing for recognizance release.
Evidence Preservation: Police often destroy CCTV within 30 days—immediate counsel can secure footage.
Negotiation Leverage: Prosecutors more amenable to non‐jail resolutions when presented early with credible defenses.
Victim Repayment: Rapid restitution payment can mollify merchants and reduce civil claims.

Delay only narrows your defense options and strengthens the Commonwealth’s case.

Choosing the Right Fairfax Criminal Defense AttorneyPetit larceny cases call for attorneys who:

Know Local Courts: Fairfax General District judges and Commonwealth’s Attorneys’ policies.
Understand Sentencing Angles: Craft sentencing packages emphasizing community ties and rehabilitation.
Coordinate Civil & Criminal Strategy: Mitigate both criminal penalties and merchant civil judgments.
Protect Juvenile Futures: Navigate JDR courts for minors to preserve educational and juvenile records.

At Virginia Criminal Attorney, our Fairfax team has a proven track record of reduced charges, favorable plea agreements, and, when necessary, not-guilty verdicts in petit larceny matters.

Call Now for a Free Consultation

Even a single shoplifting charge can derail your life and livelihood. Don’t navigate Virginia’s complex larceny statutes alone. Contact Virginia Criminal Attorney at 703-582-8119 for a confidential, no-obligation consultation. We’ll evaluate your case, outline defense strategies, and fight to protect your rights, record, and future.