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Analyzing Three Different Types Of Larceny Under Virginia Law

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Larceny is a type of theft crime under the Virginia Criminal Code. Larceny can occur directly from the true owner or outside of their presence. Furthermore, larceny does not involve the use or threat of force, unlike robbery crimes.

When larceny occurs “from the person,” it means the theft occurred directly from or in the true owner’s presence. When larceny occurs “not from the person,” it means that the true owner was not present for the theft.

There are three different types of larceny under Virginia law: petit larceny, grand larceny, and larceny with intent to sell or distribute. The following paragraphs analyze these three different types of larceny.

  1. Petit Larceny

The Virginia law against petit larceny appears at Code of Virginia Section 18.2-96. This section makes it unlawful to steal property worth:

  • Less than $5 in value from the person of another; or
  • Less than $1,000 in value not from the person of another.

Section 18.2-96 also provides the Virginia punishment for petit larceny. Under this section, petit larceny is typically charged as a Class 1 misdemeanor. The punishment for this offense can include a maximum of $2,500 in criminal fines and 12 months in county jail.

  1. Grand Larceny

The Virginia law against grand larceny appears at Code of Virginia Section 18.2-95. This section makes it illegal to steal:

  • More than $5 in value from the person of another;
  • More than $1,000 in value not from the person of another; or
  • Any firearm from another, regardless of the value of the firearm.

Section 18.2-95 also details the Virginia punishment for grand larceny. Under this section, grand larceny is typically charged as a felony and punishable by criminal fines and one to 20 years in prison.

  1. Larceny with Intent to Sell or Distribute

The Virginia law against larceny with intent to sell or distribute appears at Code of Virginia Section 18.2-108.01. This section makes it unlawful to:

  • Commit larceny of property worth $1,000 or more; and
  • Demonstrate an intent to sell or distribute the property.

Section 108.01 clarifies that the larceny of multiple items of the same property indicates an intent to sell or distribute.

Section 108.01 also details the Virginia punishment for larceny with intent to sell or distribute. Under this section, larceny with intent to sell or distribute is typically charged as a felony and punishable by criminal fines and two to 20 years in prison.

Do You Need Legal Help?

If you have legal questions about criminal charges for any type of larceny under Virginia law, contact the skilled Leesburg larceny, theft & fraud attorneys at Simms Showers LLP. We are eager to assist you with your case.

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