Theft and Larceny

VIRGINIA THEFT CRIMES

While all theft crimes are crimes involving moral turpitude, the most common theft crime in Virginia is larceny.  Virginia courts define larceny as the wrongful or fraudulent taking of things of value, belonging to someone else, without that person’s consent and with the intent to permanently deprive that person of the property or value of the property.

 There are two types of larceny in Virginia: Grand Larceny and Petit Larceny.

I.  GRAND LARCENY is a felony and includes the following: 

  1. Larceny of another’s property with a value greater than $200;
  2. Larceny of money or property from a person’s body with a value of $5 or more;
  3. Larceny of a firearm regardless of value.

 A Grand Larceny conviction is punishable by up to 20 years in prison.

 II. PETIT LARCENY is a misdemeanor and includes the following:

  1. Larceny of property with a value less than $200;
  2. Larceny of money or property from a person’s body with a value of less than $5.

A misdemeanor petit larceny is punishable by up to 12 months in jail and a $2500 fine. If you are convicted of a second petit larceny, Virginia law mandates that you be incarcerated for a minimum of thirty days. A third petit larceny conviction is enhanced to a Class 6 Felony with a thirty-day mandatory minimum jail sentence.

In addition, this Firm defends those charged with the following:

 *Embezzlement- This crime involves the theft of property while the accused was entrusted with another’s property. This usually occurs in an employee-employer relationship.

 *Credit Card Theft- This crime involves using another’s credit card or obtaining their number without that person’s consent. This is punishable as a grand larceny, regardless of the value at issue.

 *Unauthorized Use of a Vehicle- This crime involves the borrowing of a vehicle, boat or aircraft without permission, even though you planned on returning the property. This is punishable as a misdemeanor petit larceny or felony grand larceny, depending on the value.

 *Identity Theft- This crimes involves the use, sale or distribution of another’s identification without their permission. This includes, but is not limited to information such as date of birth, name, social security number, PIN numbers, fingerprints, passwords, credit card or debit card numbers or any information that can be used to obtain money, credit, services, goods or loans. This is punishable as a misdemeanor petit larceny or felony grand larceny depending on the value. In addition, a second conviction of this crime is punishable as a Class 6 Felony.

 *Possession of Burglarious Tools-This crime involves the possession of any kind of tools that can be used to commit a larceny. It is punishable as a Class 5 Felony.

 DEFENDING THE CHARGES

 It is important to understand that a theft crime conviction may prevent you from gaining employment, will appear on your criminal history and may affect your immigration status. As a result, this Firm defends these charges vigorously, making it difficult for the prosecutor to meet the statutory and common law elements required for the court to determine, “Beyond a Reasonable Doubt” that you are guilty of this crime. The defense involves many aspects to ensure that your rights are protected including witness interviews, video review, case law review, statement suppression and, if necessary, persuasive negotiations.

Contact our office at 703-668-0561 or 703-328-7045 for a free consultation.