Virginia Larceny Lawyer

Virginia Larceny Lawyer

WHAT IS GRAND LARCENY IN VIRGINIA?

Virginia Code § 18.2-95 punishes a criminal defendant for the crime of grand larceny. Grand larceny is defined as any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm’s value.

WHAT IS THE PUNISHMENT FOR GRAND LARCENY?

Grand larceny is punishable by 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, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.

WHAT IS PETIT LARCENY IN VIRGINIA?

Virginia Code § 18.2-96 punishes a criminal defendant for the crime of petit larceny.  Petit larceny is defined as Any person who:

(1)  Commits larceny from the person of another of money or other thing of value of less than $5, OR

(2) Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95.

WHAT IS THE PUNISHMENT FOR PETIT LARCENY?

Petit larceny is punishable as a class 1 misdemeanor. This means that a criminal defendant may be sentenced to confinement in jail for not more than twelve months and a fine of not more than $ 2,500.

WHAT CONSTITUTES A FELONY PETIT LARCENY IN VIRGINIA? AND WHAT IS THE PUNISHMENT?

One may be convicted of a felony for a misdemeanor larceny offense, if that person has been previously convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of larceny or any offense deemed or punishable as larceny, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies or a combination thereof.

These crimes are class 6 felonies and may be punishable by up to five years of incarceration.

WHAT CONSTITUTES “LARCENY“ IN VIRGINIA?

An individual commits larceny by wrongfully taking the goods of another without the owner’s consent and with the intention to permanently deprive the owner of possession of the goods.  Burton v. Com., 2011, 708 S.E.2d 444, 58 Va.App. 274Hunt v. Com., 2005, 614 S.E.2d 668, 46 Va.App. 25.

WHO CAN BE FOUND GUILTY OF LARCENY?

Larceny is a continuous offense. Dunlavey v. Com., 1945, 35 S.E.2d 763, 184 Va. 521. Because larceny is a continuing offense, anyone who knows that personal property is stolen and assists in its transportation or disposition is guilty of larceny. Williams v. Com., 2010, 696 S.E.2d 233, 56 Va.App. 638.

WHAT TYPES OF THINGS MUST BE TAKEN TO CONSTITUTE A LARCENY?

To sustain indictment for larceny it is sufficient that goods alleged to have been stolen are proved to be either absolute or special property of alleged owner.  Catterton v. Com., 1996, 477 S.E.2d 748, 23 Va.App. 407.  By statute, as at common law, only money or goods and chattels are the subject of larceny, and neither time nor services may be taken and carried away and they are therefore not contemplated as subjects of larceny.  Code 1950, § 18.2-95.  Owolabi v. Com., 1993, 428 S.E.2d 14, 16 Va.App. 78.