Defining Theft in the context of Virginia Law
Virginia law basically alludes to all theft and theft-related violations as “larceny,” and gives no broad meaning of the term. It’s sheltered to state that theft in Virginia can be characterized as the unlawful taking of property that has a place with another person, finished with the plan to for all time deny the proprietor of the property. Furthermore, Virginia criminal statutes do characterize some unmistakable theft-related offenses, including:
- (§ 18.2-97.) Larceny of certain animals
- (§ 18.2-98.) Larceny of bank checks and notes
- (§ 18.2-102.) Unauthorized use of an animal, aircraft, or vehicle
- (§ 18.2-103.) Taking possession of merchandise or concealing with intent (shoplifting)
- (§ 18.2-107.) Destruction or theft of public records
- (§ 18.2-108.) Receiving stolen goods
- (§ 18.2-111.) Embezzlement
Classifying Theft Offenses and Penalties in VA
Virginia classifies larceny offenses as indicated by the estimation of the property included – or, in a few conditions, by the kind of property taken. This classification resembles those of most other states. How about we begin by investigating each level of theft or larceny under Virginia law thus, starting with petit larceny (or petty theft), which is the most reduced level of theft under Virginia law.
Petit Larceny. Defined as the theft of property or services esteemed at under $200, or the theft of property esteemed at under $5 when taken straightforwardly from the individual of another.
Petit larceny is classified as a class 1 misdemeanor under Virginia law (Va. Code Ann. § 18.2-96.), deserving of confinement in prison for not over a year, a fine of not more than $2,500, or both. (§ 18.2-11(a).)
Grand Larceny. Grand larceny in Virginia happens when a man confers larceny and:
- property value is over $200
- property is valued at $5 or more and is taken from the person of another, or
- property stolen is a firearm. (§ 18.2-95.)
VA Civil Penalties for Theft
Notwithstanding criminal punishments, a man who carries out shoplifting in Virginia might be civilly subject to the store proprietor for:
- Two times the retail value of the merchandise, or $50, whichever is greater (but if the store owner recovers the merchandise in a sellable condition, the penalty will be no more than $350 total), and
- The store owner’s reasonable court costs and attorney fees in an amount of no more than $150. ( § 8.01-44.4(A).)
Effect of Previous Convictions
In the event that a man submits larceny in Virginia – whether petit larceny, grand larceny, or some other kind of larceny offense – with a past conviction for a misdemeanor or felony larceny offense, the offense will be rebuffed by a sentence of confinement in prison for no less than 30 days, yet not over a year, notwithstanding any fine set by the court. This is the situation whether the earlier conviction happened in the province of Virginia, or in some other state.