What is Larceny with Intent to Sell or Distribute in Virginia?
The Virginia law on Larceny with Intent to Distribute, and selling stolen goods is Va. Code 18.2-108.01
A. Any person who commits larceny of property with a value of $1,000 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.
B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $1,000 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.
Section A deals with individuals who have actually stolen
the property, with the intent
to sell that property, when the value is $1,000 or more. The Commonwealth has the burden to prove that the individual had the intent to sell beyond a reasonable doubt, subject to the provision that theft of more than one of the same thing will provide an inference of the intent to sell. This is an Unclassified Felony
, with a specified punishment range of two to twenty years.
Section B applies to those who may not have stolen
the goods, but sell them with the knowledge that they are stolen. Here, the Commonwealth has to prove not just that the items were stolen, but that the individual actually knew or should have known
that they were stolen. This is a Class 5 Felony
, punishable by up to 10 years incarceration, and a fine of up to $2,500.
Hire A Lawyer For Your Larceny With Intent to Sell or Selling Stolen Goods Charge
These charges require a showing of intent. Often, the best way for the Commonwealth to prove this is through statements that you make. It is important to hire a lawyer early to avoid making costly mistakes. Contact
our Criminal Defense Attorneys
to learn how we can represent you in Northern Virginia Courts.